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V2281-24 ·28 October 2024 ·consulta-vinculante Medium impact
Tax

Right to pass on VAT lost if one year has elapsed since the accrual of the transaction

A query was raised regarding whether a legal representative can pass on VAT more than a year after the accrual of the transaction, and whether an 'expense note' qualifies as an invoice. The DGT ruled that the right to pass on VAT is lost once one year has passed from the date of accrual, and that a document constitutes an invoice if it meets the minimum legal requirements, regardless of its title.

In 6 key points

How it affects those involved

Taxpayers and professionals must ensure that VAT is passed on within one year of the transaction's accrual to avoid losing the right to do so. Additionally, documentation must meet specific legal content requirements to be validly treated as an invoice.

Lifecycle

2024-10-28PublishedPublished 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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