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V0933-18 11 April 2018 · SG de Impuestos sobre el Consumo Criterion in force
IVA · inversión del sujeto pasivo

Obligation to rectify and reimburse VAT amounts if the reverse charge mechanism is incorrectly applied

A company enquired whether it should amend invoices and refund VAT after failing to apply the reverse charge mechanism in construction operations. The DGT indicates that, if this mechanism applies, the issuer must amend the tax amounts and refund the sum to the client.

The question raised

Question posed: Whether there is an obligation to rectify said invoices and to refund the Tax amounts collected from the aforementioned client.

The DGT's ruling

If the reverse charge mechanism is applied pursuant to Article 84.One.2º.f) of Law 37/1992, the issuer must rectify the incorrectly charged tax amounts. Upon a reduction of the tax amounts, the taxable person may regularize the situation in the corresponding or subsequent tax return. In the latter case, the taxable person is obliged to reimburse the recipient of the transaction the amount of the excess tax charged.

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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