5 Major Developments in Spain

5 Major Developments in Spain

• Changes to VAT in real estate leases

• New Single Use Plastic Tax

• Mandatory B2B e-invoicing approved in Spain

• Government will reduce VAT on feminine hygiene products to 4%

• Changes to SII technical requirements in Spain

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Bad Debts (Relief for Unpaid Sales Invoices)

• VAT proposals in draft 2023 budget law: U&E rule, Bad debts, E-Commerce, ….

• Spain VAT updates in budget – bad debt reform

• Budget 2023: Changes to Place of Supply rules, ease bad debt recovery, extend reverse charge mechanism

• Recovery of VAT on uncollectible credits. Another step in the right direction

• Recovery of VAT on bad debts: A positive step for Spain

• Recovery of VAT on bad debts: A positive step for Spain

Cryptocurrency and NFT

• NFTs treated as electronically supplied services for VAT purposes

Deduction (Input Tax Credit)

• VAT – Whether First-tier Tribunal followed correct approach when denying input tax credit under Kittel principles – yes – whether decision perverse – no – appeal dismissed

• Flashback on ECJ cases C-204/03 (Commission v Spain) – The receipt of subsidies by itself cannot limit the taxpayers’ right to deduct

• Spanish new tool: VAT credit calculator

• Payment of an invoice 4 years and 1 month after the accrual does not allow neither the deduction nor the refund of the input VAT

• Way2VAT acquires Spain’s first fully digital solution for corporate expense and VAT recovery

ECJ (European Court of Justice)

• Flashback on ECJ cases C-204/03 (Commission v Spain) – The receipt of subsidies by itself cannot limit the taxpayers’ right to deduct

• VAT on deliveries of goods between parent company and branch

E-Commerce/Electronics Services

• Madrid VAT Forum 2023 – 9th February 2023 (online event)

• Canarian companies and VAT on electronic commerce

• VAT proposals in draft 2023 budget law: U&E rule, Bad debts, E-Commerce, ….

• Mandatory electronic invoicing in Spain for the private sector

• Draft Law incorporating Directive (EU) 2020/284: introduction of certain requirements for payment service providers

Environmental Tax

• New Single Use Plastic Tax

• Spanish Tax Authority announces opening of registration site for new plastic packaging tax as of December 1, 2022

• Plastic taxes – A European perspective

• Spanish Tax Authority issues FAQs regarding new plastic packaging tax

• New indirect tax on non-reusable plastic packaging starting 1 January 2023

• Plastics and Packaging Laws in Spain

E-Invoicing

• Mandatory B2B e-invoicing approved in Spain

• Everything you need to know about Facturae

• Introduction And Application Dates Of Electronic Business-To-Business Invoicing

• Spain’s tax authority issues draft technical requirements for VERI*FACTU invoicing systems

• Spain joins the trend towards mandatory electronic invoicing

• Spain: E-invoicing and E-reporting developments and news

• Report on compulsory electronic invoicing for traders and professionals

• Global E-Invoicing mandates to be inplemented Nov 1- Dec 31, 2022

• Extension of the scope of mandatory TicketBai in Gipuzkoa as of Nov 1, 2022

• Mandatory TicketBai for all taxpayers in Alava as of December 1, 2022

• Mandated B2B e-invoicing in Spain approved

• Spain approves Law for the Creation and Growth of Companies including B2B e-invoicing information

• B2B e-invoicing has been confirmed in Spain

• Electronic invoicing in the private sector

• General e-invoicing obligations to apply to B2B transactions

• Implementation of Mandatory E-invoicing in Spain

• Countrywide e-invoicing to become mandatory in Spain

• Update on Spanish eInvoicing obligation

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

• Spanish Law for the Creation and Growth of Companies Includes New E-Invoicing Requirements

• Spain approves legislation on mandatory electronic invoicing

• Spain and France move one step closer to B2B e-invoicing

• Electronic invoice between private companies in Spain

• Spain’s mandatory B2B e-invoicing announcement

• Law implementing mandatory B2B e-invoicing was published in the Official Gazette

• The “Crea y Crece” law makes the use of the Electronic Invoice mandatory among companies, SMEs and self-employed in Spain

• Spanish mandatory B2B e-invoices January 2024 update

• Spanish Congress Approves Mandatory B2B e-Invoicing

• 5 key questions about E-Invoicing in Spain

Exemption

• Services provided by an external adviser to a venture capital fund exempt from VAT

• Provision of urbanization services by a Compensation Board

• Lease of rustic land for hunting use is not included in the exemption

• Spanish Central Economic-Administrative Court on the VAT treatment of VIA-T devices

• Provision of typical hotel services, but not included rental fee, outside the lease contract, separately and voluntarily for the lessee

Intra-Community Transactions

• Economic and tax results in the Value Added Tax

• Consult Spanish intra-community VAT operators

Implementation/Reform

• Spain Introductes Plastic Tax

Importation

• Reminder: option for the import VAT deferral regime for the year 2023 can be submitted during November 2022

Fiscalization

• Spain approves Law for the Creation and Growth of Companies including B2B e-invoicing information

• Gipuzkoa, are you ready for TicketBAI?

Fixed Establishment

• Madrid VAT Forum 2023 – 9th February 2023 (online event)

Fraud/Tax Evasion

• Changes in Spanish reverse charge rules

• Draft Law incorporating Directive (EU) 2020/284: introduction of certain requirements for payment service providers

Legislative Change

• Changes in Spanish use and enjoyment rules, will only apply to services that are exempt from VAT (B2B)

• Report on compulsory electronic invoicing for traders and professionals
• Implementation of Mandatory E-invoicing in Spain

Liability (Reverse Charge/Withholding)

• Change of criterion on the VAT reverse charge rule in sales of real estate where part of the price is used to cancel the charges

• Changes in Spanish reverse charge rules
• VAT proposals in draft 2023 budget law: U&E rule, Bad debts, E-Commerce, ….
• Budget 2023: Changes to Place of Supply rules, ease bad debt recovery, extend reverse charge mechanism

Place of Supply

• Changes in Spanish use and enjoyment rules, will only apply to services that are exempt from VAT (B2B)
• VAT proposals in draft 2023 budget law: U&E rule, Bad debts, E-Commerce, ….
• Budget 2023: Changes to Place of Supply rules, ease bad debt recovery, extend reverse charge mechanism

• The budgets put an end to the rule of effective use of the VAT Law

Rate

• November 2022 VAT news published in INFONORMA

• Government will reduce VAT on feminine hygiene products to 4%

• EU VAT Cuts on Fuel and Energy to Combat Inflation Rate

• Government reduces VAT for pellets, briquettes and firewood to 5 percent until December 31, 2022

• Reduction Of VAT Rates On Energy

• Package of Fiscal Measures : A reduction in the VAT rate on feminine hygiene products from 10% to 4%.

• VAT rate will be lowered from 10% to 4% for feminine hygiene products

• Spain reduces the VAT rates on energy

• Spain Cuts VAT Rate on Natural Gas and Other Fuels for Heating

• Spanish government approves significant VAT drop for natural gas

• Spain Cutting VAT Rate from 21 to 5% on Natural Gas

• Spanish government reduces gas VAT from 21% to 5%

Real Estate/Immovable Property

• Provision of urbanization services by a Compensation Board
• Lease of rustic land for hunting use is not included in the exemption
• Provision of typical hotel services, but not included rental fee, outside the lease contract, separately and voluntarily for the lessee

Real Time Reporting/Continuous Transaction Controls

• Changes to SII technical requirements in Spain

• Madrid VAT Forum 2023 – 9th February 2023 (online event)

• Spanish SII

• Changes to SII technical requirements in Spain

• Updated technical documentation for the SII

• Introduction And Application Dates Of Electronic Business-To-Business Invoicing
• Spain joins the trend towards mandatory electronic invoicing

• SII – Suministro Inmediato de Información : What you need yo know

• B2B e-invoicing has been confirmed in Spain
• Update on Spanish eInvoicing obligation

• Free eBook : Navigating a Changing Tax Landscape : SII – Spain’s Immediate Supply of Information

• Law implementing mandatory B2B e-invoicing was published in the Official Gazette
• Spanish mandatory B2B e-invoices January 2024 update

Refund

• Refund of input VAT after 4 years

• Way2VAT acquires Spain’s first fully digital solution for corporate expense and VAT recovery

• Deadline to claim VAT refunds for 2021 is 30 September 2022

Registration

• Consult Spanish intra-community VAT operators

Reporting/Compliance

• New Modelo 480 Published

• Spain updates VAT forms in 2023

• Spanish new tool: VAT credit calculator

• VAT in Spain – brief introduction

• VAT Guide: VAT in Spain

Supply of Services

• Changes in Spanish use and enjoyment rules, will only apply to services that are exempt from VAT (B2B)
• VAT proposals in draft 2023 budget law: U&E rule, Bad debts, E-Commerce, ….
• Budget 2023: Changes to Place of Supply rules, ease bad debt recovery, extend reverse charge mechanism

Tax Authorities/Penalties

• Spanish tax authorities released Virtual VAT Assistance – Try it!!!

• A new service for taxpayers in Spain

• Integral Digital Administration (ADI): A new approach to taxpayer service

Taxable Person

• VAT on deliveries of goods between parent company and branch

Technology

• Madrid VAT Forum 2023 – 9th February 2023 (online event)
• Way2VAT acquires Spain’s first fully digital solution for corporate expense and VAT recovery

TOGC (Transfer of a Going Concern)

• Ruling: transfer of elements of an autonomous economic unit is not subject to VAT, even if it is not transferred in its entirety

• Consultation of the DGT: The transfer of all the shares in managed subsidiaries is not subject to VAT

VAT Identification Number

• Consult Spanish intra-community VAT operators

ViDA

• Madrid VAT Forum 2023 – 9th February 2023 (online event)