Arantxa De Luis The Spanish legislation exercising the powers granted by article 199 of Directive 2006/112 on the common system of VAT has included, with effect from October 31 2012, three new cases on which the VAT reverse charge mechanism applies for certain real estate transactions. With this amendment, the legislation intends to avoid the detriment that arises for the public purse in these transactions if the VAT is not paid over to the Treasury (or is paid late – deferrals, insolvency situations) but is already deducted by the recipient of the goods and/or services. These three new cases of reverse charge come to sum up to that introduced in 2011 as a result of the reform of the Insolvency Law, in connection to supplies of properties made as a result of an insolvency proceeding.
March 01 2013