Recovering Spanish VAT under the 13th Directive: The challenge of reciprocity

As the deadline approaches for the filing of form 361 by those non-EU business applying for the refund of the Spanish VAT the may have incurred during the previous year on occasion of their operative in Spain, it seems timely to revisit a persistent problem in this area: the requirement of reciprocity by article 119bis of the Spanish VAT Act, that transposes the special VAT refund procedure regulated in the Council Directive 86/560 EEC (Thirteenth Directive).

VIDA and the taxpayer Odyssey

While the VIDA is still to be fully implemented and trasposed, and besides having to digest the changes and their practical consequences, the companies are now invited to elaborate about a notional “post-VIDA” scenario where,again, the VAT Gap mantra is central.Without denying the importance...

Spain: A closer step to mandatory B2B invoicing for local transactions, that is to be expected by the second semester of 2026 for big companies (otherwise second semester 2027)

A final draft of the ,so called, “Ley Crea y Crece Ordinance” (the Ordinance) has been published at the website of the Ministry of Economy, Commerce and Enterprise, for a public allegations period ending the 7th of April 2025.   Once the allegation period is over the Ordinance will have to...

The “VAT after ViDA” seen from a taxpayer point of view. Fighting against the “forgotten VAT gap” and related ideas

I. Background   On December 2022 the European Commission proposed a wide reform package to modernize and simplify the EU’s VAT ( “VAT in the Digital Age” or plan ViDA), with new rules on electronic invoices and real-time data reporting, as well as business carried out through digital...

Publication of the Ministerial Order that develops the Veri*factu Ordinace. Homologated invoicing software in Spain required, in principle, by 1st July 2025

The Ministerial Order HAC/1177/2024 that develops the technical aspects required for the invoicing software used by companies so they are compliant with Royal Decree 1007/2023, of 5 October (the, so called,  Veri*factu Ordinance) has been published in Today Official Gazette (accessible at the...

CONTRIBUTION OF THE SPANISH SII TO THE INTERNAL VAT MANAGEMENT FUNCTION

 I. A change of paradigm of the internal VAT management function   It is common that multinational companies which operate globally incur VAT reporting obligations in more than one country. When this happen, because of the different reporting parameters and technologies required by each...

Complying with the DAC7 in Spain

     I. Introduction   With the publication at the Official Gazette of Royal Decree117/2024 (hereinafter, the DAC7 Ordinance), of 30 January, that develops the rules and procedures of due diligence for the purpose of the automatic exchange of information provided by the platform operators...