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V0624-23 ·16 March 2023 ·consulta-vinculante Medium impact
Tax

VAT increases due to incorrect tax rate application cannot be passed on to the final consumer

An individual inquired whether they must pay the VAT difference when a renovation company issues new invoices applying the standard rate instead of the reduced rate. The DGT ruled that the company cannot pass this increase on to the customer, as it does not stem from a legal increase in tax rates or changes to the taxable base.

In 6 key points

How it affects those involved

Businesses cannot recover VAT shortfalls caused by their own errors in applying the incorrect tax rate by charging the difference to the customer.

Lifecycle

2023-03-16PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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