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Change of Criteria: Exercise of the Right to Deduct VAT Expenses Outside the Declaration Period

  • The TEAC changes its criterion regarding the deduction of VAT paid.
  • The exercise of the right to deduct VAT is considered a taxpayer’s right, not a tax option.
  • The exercise of the right to deduct VAT can be done even if it is done outside the deadline, as long as it is within the time frame established by the Law.
  • This change of criterion modifies previous resolutions from 2016 and 2022.
  • Relevant laws: General Tax Law (LGT) and Value Added Tax Law (IVA).
  • Concepts: Compensation, Deductions, Value Added Tax (IVA), VAT paid, Modification, Options.

Source: serviciostelematicosext.hacienda.gob.es

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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