5 Major Developments in Spain

5 Major Developments in Spain

• Archive obligations in Spain

• Mandatory Electronic Invoicing in Spain

• A draft Royal Decree with regard to the electronic invoice between companies and professionals has been introduced in Spain 

• Temporary Zero VAT Rate on Basic Foods Extended Until December 31, 2023

• Update – Spanish Council of Ministers Approves Royal Decree-Law Extending VAT Rate Reduction for Basic Food Products

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Bad Debts (Relief for Underpaid Sales Invoices)

• Spanish Tax Agency (AEAT) issues consultation on VAT bad debt rules

• Adapted to RD 249/2023, model 036 and the keeping of VAT book-registration through the electronic headquarters of the AEAT

• Spain’s New VAT Bad Debt Relief Rules Remain Open to Challenge

Bookkeeping

• Archive obligations in Spain

• Adapted to RD 249/2023, model 036 and the keeping of VAT book-registration through the electronic headquarters of the AEAT

Customs

• Customs Authorities issue new guidelines on provisional customs value

DAC6

• Spain Introduces Implements DAC7, and Amends DAC6 Rules for Professional Secrecy
• DAC7 transposed into Spanish legislation, amendments to DAC6

• Bill Implementing DAC7, VAT, Income Tax, and FATCA Implications for Finance and Insurance Industries

DAC7

• New law includes measures transposing DAC 7 into domestic law, changes to concept ”import of goods” and Use & Enjoyment

• Bill Implementing DAC7 Enacted, Implications for Financial Institutions

• Spain Introduces Implements DAC7, and Amends DAC6 Rules for Professional Secrecy

• KPMG Week in Tax: 22 – 26 May 2023

• DAC7 transposed into Spanish legislation, amendments to DAC6

• Bill implementing DAC7 and new use and enjoyment rules

• Bill Implementing DAC7, VAT, Income Tax, and FATCA Implications for Finance and Insurance Industries

Deduction (Input Tax Credit)

• High Court of Justice of Galicia: VAT deduction even in case of SII errors or delays

• Resolution: Regularization of incorrectly charged VAT

• Deduction of VAT incurred by “mixed holdings”

• Guidance about incorrectly charged VAT and unjust enrichment

• Taxpayers have the right to deduct VAT incurred: TEAC Resolution clarifies

E-invoicing

• Mandatory Electronic Invoicing in Spain

• A draft Royal Decree with regard to the electronic invoice between companies and professionals has been introduced in Spain

• B2B E-invoicing System in Spain

• Current status of mandatory e-invoicing on B2B operations

• Edicom Webinar – Spain: Do you want to know what the technical regulation entails? (Sept 19)

• B2B electronic invoicing in Spain is getting closer every day

• Draft regulation of the Create and Grow Law

• Spain Released a Draft Regulation of the B2B e-Invoice Regime

• ALL newsletters (so far) on the draft regulations on the electronic invoicing (e-invoicing) regulations

• Invoicing Revolution in Spain: New Royal Decree on Electronic Invoices and B2B Obligations

• Spain Updates Draft Regulations for Proposed B2B E-Invoicing Regime

• B2B E-invoicing Draft Regulation Published

• Draft of the Spanish e-invoicing regulation – A summary

• Draft e-invoicing regulations published

• Spain has released further information regarding the upcoming B2B mandate

• Mandatory electronic invoicing in B2B operations – Draft of the Royal Decree Project by which the obligation of electronic invoicing is developed

• Spanish mandatory B2B e-invoices draft technical specifications and regulations

• Bizkaia SII: Technical documentation updated

• What is considered by TicketBAI guarantor software in the Basque Country?

• Bizkaia: What is Batuz LROE?

• Bizkaia: What is TicketBAI Invoicing?

• E-Invoicing in Spain

• Sovos webinar- Recorded sesssion – VAT Snapshot: What does the future hold for e-invoicing in Spain, France, KSA and Germany? (April 27)

• Sovos webinar – Recorded version – VAT Snapshot: What does the future hold for e-invoicing in Spain, France, KSA and Germany?

• Sovos webinar: VAT Snapshot: What does the future hold for e-invoicing in Spain, France, KSA and Germany? (April 27)

• B2B e-Invoicing Law published on the official Gazette in Spain

• Sovos webinar: VAT Snapshot: What does the future hold for e-invoicing in Spain, France, KSA and Germany? (April 27)

• B2B e-Invoicing Law published on the official Gazette in Spain

• Sovos webinar: VAT Snapshot: What does the future hold for e-invoicing in Spain, France, KSA and Germany? (April 27)

Environmental Tax

• Binding rulings clarify scope of new plastic packaging tax

EU Policy

• Spanish Presidency of the European Union has established four priorities

Exemption

• Court Ruling: Hunting Lease of Rural Land Not Exempt from VAT

• VAT Treatment of Sale of Refurbished Storage Units – DGT Consultation

• Leasing of Rural Land for Solar Panels Subject to VAT in Spain, According to AEAT Consultation

Fiscalization

• Archive obligations in Spain

• Audit procedure for new fiscalization in Spain (mainland territory)

• What Represents the “VeriFactu” Fiscalization System in Spain?

• What is considered by TicketBAI guarantor software in the Basque Country?

• What will the new fiscalization requirements change in Spain?

Fraud / Tax Evasion

• The Tax Agency dismantles a VAT fraud network in the used vehicle sale sector

Importation

• New law includes measures transposing DAC 7 into domestic law, changes to concept ”import of goods” and Use & Enjoyment

• Supreme Court: Deferred VAT on imports – Inadmissibility of surcharge in certain cases

Invoice

• Resolution: Regularization of incorrectly charged VAT
• What Represents the “VeriFactu” Fiscalization System in Spain?

Legislative Change

• Temporary VAT reductions in Spain

• Spain applies temporarily 0% rate to certain foodstuffs

Liability (Reverse Charge/Withholding)

• VAT treatment of transfers of real estate assets provided as security clarified by the Spanish General Directorate of Taxes.

• Reverse charge applies when the buyers of the properties are non-established individuals who will use them for rental purposes

• Spanish court rules on the application of VAT reverse charge on the delivery of real estate taxed with real charges

• VAT liability of services by partners to the company

Place of Supply

• New law includes measures transposing DAC 7 into domestic law, changes to concept ”import of goods” and Use & Enjoyment

• An even more reasonable use and enjoyment rule in Spain

• Use and Enjoyment rules further limited – only applicable to B2B leasing services of means of transport

• Bill implementing DAC7 and new use and enjoyment rules

Rate

• Temporary Zero VAT Rate on Basic Foods Extended Until December 31, 2023

• Update – Spanish Council of Ministers Approves Royal Decree-Law Extending VAT Rate Reduction for Basic Food Products

• VAT reduction on food and other crisis-fighting measures extended until the end of the year

• Spanish VAT Rate in 2023: All You Need to Know

• Temporary 5% VAT rate will apply to certain electricity and certain fuel supplies until 31 December 2023

• Extending VAT Rate Reduction for Basic Food Products

• Spain won’t reinstate VAT on basic foods until price rises ease – minister

• Spanish VAT Rate Changes 2023

• Temporary VAT reductions in Spain
• Spain applies temporarily 0% rate to certain foodstuffs

• Extension of the reduced VAT rates on certain food products in Spain

• Spain Extends Basic Food VAT Zero Rating Until June 2023

• Spain Food 0% VAT until June 2023

• Spain may extend domestic gas VAT cut into 2023

• Extension until June 30, 2023 of the 5% and 0% VAT rates for certain products

Real Estate/Immovable Property

• Court Ruling: Hunting Lease of Rural Land Not Exempt from VAT
• VAT Treatment of Sale of Refurbished Storage Units – DGT Consultation
• Reverse charge applies when the buyers of the properties are non-established individuals who will use them for rental purposes

• Clarification: input VAT paid by foreign entities for acquisition of properties intended for rental purposes

• Spanish court rules on the application of VAT reverse charge on the delivery of real estate taxed with real charges

Real Time Reporting/Continuous Transaction Controls

• High Court of Justice of Galicia: VAT deduction even in case of SII errors or delays
• Draft regulation of the Create and Grow Law
• ALL newsletters (so far) on the draft regulations on the electronic invoicing (e-invoicing) regulations
• Spain Updates Draft Regulations for Proposed B2B E-Invoicing Regime
• B2B E-invoicing Draft Regulation Published

• Draft of the Spanish e-invoicing regulation – A summary

• Draft e-invoicing regulations published

• Spain has released further information regarding the upcoming B2B mandate

• Mandatory electronic invoicing in B2B operations – Draft of the Royal Decree Project by which the obligation of electronic invoicing is developed
• Spanish mandatory B2B e-invoices draft technical specifications and regulations

• Bizkaia SII: Technical documentation updated

Refund

• Form 381 – VAT Claims by armed forces of EU Member States

• Supreme Court: Only the party who actually bore the burden of the tax can obtain a refund of undue revenues

• Clarification: input VAT paid by foreign entities for acquisition of properties intended for rental purposes

• Clarifications on the VAT Refund scheme for Non-EU Travellers

Registration

• Law 11/2023, of May 8, introduces new features in VAT and special taxes

Reporting / Compliance

• Bizkaia: What is Batuz LROE?

• Bill Implementing DAC7 Enacted, Implications for Financial Institutions

• Spain will allow Tax Payments via Direct Debit from Foreign Bank Accounts

• International VAT Rate Round Up: April 2023

• Supreme Court: Deferred VAT on imports – Inadmissibility of surcharge in certain cases

Supply of Services

• New law includes measures transposing DAC 7 into domestic law, changes to concept ”import of goods” and Use & Enjoyment
• Use and Enjoyment rules further limited – only applicable to B2B leasing services of means of transport

Taxable Amount

• Adapted to RD 249/2023, model 036 and the keeping of VAT book-registration through the electronic headquarters of the AEAT
• Customs Authorities issue new guidelines on provisional customs value

Taxable Transaction

• Tax authorities cannot recharacterize a transaction without considering the parties’ true intention

• VAT on services rendered to the company by an employee who is a partner/director? It depends

Tax Authorities / Penalties

• Guidance about incorrectly charged VAT and unjust enrichment

Technology

• Spain BATUZ Strategy

Webinar/Event/Podcast

• Edicom Webinar – Spain: Do you want to know what the technical regulation entails? (Sept 19)
• Sovos webinar- Recorded sesssion – VAT Snapshot: What does the future hold for e-invoicing in Spain, France, KSA and Germany? (April 27)
• Sovos webinar: VAT Snapshot: What does the future hold for e-invoicing in Spain, France, KSA and Germany? (April 27)
• Sovos webinar: VAT Snapshot: What does the future hold for e-invoicing in Spain, France, KSA and Germany? (April 27)
• Sovos webinar: VAT Snapshot: What does the future hold for e-invoicing in Spain, France, KSA and Germany? (April 27)