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A City Council inquired whether it could rectify the VAT on a swap after the contract was terminated six years after its signing. The DGT ruled that the four-year period for rectification is calculated from the date the contract is terminated.
Question raised: Period for the rectification of the transaction.
The four-year period for rectifying accrued quotas begins from the date of the contract termination, not from the date of its execution. In the event of a reduction in quotas, the taxable person may opt to initiate a procedure for the refund of undue payments or regularize the situation in the corresponding tax return or in subsequent returns up to one year later. The rectification must be carried out through the issuance of a credit note.
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