Article 14.2.c) of Royal Decree 520/2005, of May 13, in light of the jurisprudential principles of comprehensive regularization of the tax situation of the parties involved and the prohibition of unjust enrichment, must be interpreted in such a way that in the case of unearned and, therefore, improperly charged Value Added Tax installments, where the improperly deducted installments by the recipient have been previously reduced and the appropriateness of their right to a refund has been verified in accordance with the principle of comprehensive regularization, the improper VAT charged should be reduced in the settlement carried out by the party that improperly charged it, and, if applicable, the simultaneous recognition of the right to a refund of the improperly charged installments in favor of the party that bore them.
Source: audiconsultores-etlglobal.com
Latest Posts in "Spain"
- Express Revocation of VAT Special Regime Renunciation Required; Tacit Revocation Not Permitted
- Spain Postpones Verifactu Ordinance to 2027, Grants Exceptional SII Opt-Out Until January 2026
- Spain Opens Special SII Exit Window After VERI*FACTU Deadline Postponement for Voluntary Participants
- Draft Law to Implement First Phase of EU’s VAT in the Digital Age (ViDA) Directive
- Spanish Tax Agency Dismantles €300 Million VAT Fraud Ring in Hydrocarbon Sector, Arrests Five
