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V0898-22 28 April 2022 · SG de Impuestos sobre el Consumo Criterion in force
IVA · régimen de la unión

VAT declaration required for intracommunity distance sales via Model 369

A company under the equivalence surcharge regime asks whether it must use Model 369 for its intracommunity distance sales of goods and whether it can deduct VAT. The DGT confirms that Model 369 must be used and that no VAT deduction is allowed.

The question raised

Question raised: Clarification as to whether Value Added Tax must be paid through Form 369 VAT. Special schemes applicable to the provision of services and distance sales of goods, while being subject to the equivalence surcharge scheme.

The DGT's ruling

Entrepreneurs subject to the Union scheme must submit quarterly settlement returns using Form 369 to declare and pay the VAT on their intra-Community distance sales. Likewise, taxable persons subject to the equivalence surcharge scheme may not deduct the tax amount incurred on their acquisitions or services used in their activity. This prohibition on deduction remains in effect even if they carry out operations not subject to Spanish VAT.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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