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V1682-17 29 June 2017 · SG de Impuestos sobre el Consumo Criterion in force
IVA · importación de bienes

Import VAT may be deducted in the same period it is recorded or in subsequent periods

A company enquired whether the VAT paid on an import could be deducted in the same period it is included in the tax return or in a later one. The DGT ruled that both options are possible, provided all legal requirements are met.

The question raised

Whether the tax amount paid upon importation may be subject to deduction in the same tax period in which the tax return including the accrued amount is filed, or in a subsequent period.

The DGT's ruling

The right to deduct import duties may be exercised in the tax return in which the accrued duty has been included, or in any tax return for subsequent periods. To this end, four years must not have elapsed since the accrual of the right, which occurs when import duties accrue according to customs regulations. The duty is understood to be borne when the taxable person receives the settlement document issued by the Administration.

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