Note on the new types of VAT equivalence surcharge

With effect from January 1, 2023, the sixteenth additional provision of Royal Decree-Law 1/2023, of January 10, on urgent measures in terms of incentives for employment and improvement of social protection for artists, establishes that the rate of the equivalence surcharge applicable to the Value Added Tax to the operations referred to in section 2 of article 1 and the fourth paragraph of section 1 of article 72 of Royal Decree-Law 20/2022, of 27 December, of response measures to the economic and social consequences of the Ukrainian War and support for the reconstruction of the island of La Palma and other situations of vulnerability, will be 0.62 percent, resulting from application during the term of said precepts.

This new type of equivalence surcharge, together with the 0 percent equivalence surcharge, will be technically implemented as follows:

1. Model 303

   In order to enable the declaration of operations taxed with the new types of equivalence surcharge, for the self-assessments corresponding to 2023, the technical specifications of form 303 are modified so that:

   • In boxes 16 and 18 of model 303, the tax bases and fees corresponding to operations taxed with the equivalency surcharge rate of 0.62% will be included.
   • In boxes 16 and 18 of model 303, the tax bases and fees corresponding to operations taxed with the 0% equivalency surcharge will be included.
   • In the event that in the same self-assessment operations must be included simultaneously at the equivalence surcharge rates of 0%, 0.5% and 0.62%, the sum of the BI corresponding to all types, in box 18 of model 303 the sum of the quotas corresponding to all types and in box 17 of model 303 the type to which the highest quota corresponds will be indicated.
2. Model 322

   In order to enable the declaration of operations taxed with the new types of equivalence surcharge, for the self-assessments corresponding to 2023, the technical specifications of the 322 forms are modified so that:

   • In the boxes reserved for “Equivalence surcharge” the taxable bases will be recorded, where appropriate, at the rates of 0%, 0.5%, 0.62%, 1.4%, 5.2% and 1 75%, the applicable rate and the resulting installments.
   • If it is essential to use boxes to declare simultaneously for more than four types of surcharge, operations at the rates of 0%, 0.5% and 0.62% will be recorded in a single box for Tax base and Fee, respectively, and in the box for Type, the one corresponding to the highest fee shall be entered.
3. Immediate provision of information

   In order to allow the reporting of invoices that document operations taxed with the new types of equivalence surcharge, the validations of the register books of issued and received invoices kept through the Electronic Office ( SII ) will be modified, admitting the types of surcharge of the 0% and 0.62% if the Operation Date ≥ January 1, 2023 (with the time limits established for each type of surcharge).

   In the coming days , a new version of the validation document “Validation and error document” will be published in the “Technical Information” section of the “SII – Immediate Supply of VAT Information” portal. These validations will be implemented on January 16.

   In the event that an invoice with a 0.625% surcharge has been issued, regardless of the corrective invoice that proceeds (issued by substitution or differences), a single billing record may be sent with the 0.62% surcharge rate. .

Royal Decree-Law 1/2023, of January 10,

Of urgent measures in terms of incentives for labor contracts and improvement of the social protection of artists.(BOE, January 11, 2023)

Source: gob.es