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A rehabilitation centre performing exempt healthcare activities sold medical equipment subject to VAT, one of which was returned the following year. The DGT has ruled that if an agreement is reached to resolve the sale, the taxable base is modified, allowing for the rectification of the tax.
Cuestión planteada Devolución del impuesto ingresado por el equipo devuelto.
Si por acuerdo entre las partes se deja sin efecto la operación o se altera el precio, la base imponible se modifica. El sujeto pasivo debe expedir y remitir al destinatario una factura rectificativa. Tras esto, podrá minorar el IVA rectificado en la declaración-liquidación del periodo en que se emita la factura o en los posteriores, dentro del plazo de un año.
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