Skip to content
V1892-24 ·21 August 2024 ·consulta-vinculante Medium impact
Tax

IVA: definitive non-payment allows base modification under art. 80.2, not 80.4

A commercial landlord who terminates a lease after years of non-payment can reduce the VAT taxable base under article 80.2 of Law 37/1992, considering the debt as definitively extinguished. This differs from uncollectible debt (art. 80.4), applying instead the principle of termination or cancellation according to EU case law. The correction of previously charged amounts must be completed within four years of the definitive debt extinction, with an additional year to settle tax matters if the adjustment is downward.

In 6 key points

Lifecycle

2024-08-21PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

Does this provision affect you?

The tax team reviews your specific situation.

Talk to the tax team
This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
Email
Contact