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V1873-14 14 July 2014 · SG de Impuestos sobre el Consumo Criterion in force
IVA · base imponible

Taxable base and VAT must be rectified if a novation agreement reduces a call option price

A company sought guidance on the procedure following a novation agreement that reduced the price of a call option previously subject to VAT. The DGT ruled that the taxable base must be modified, a credit note must be issued, and the tax situation must be regularised.

The question raised

Question raised: Admissibility of the modification of the taxable base as a consequence of the aforementioned modifying novation and of the rectification of the tax charged carried out on the day the option is granted.

The DGT's ruling

When the price of a transaction subject to tax is modified by a novation, the taxable base must be modified. The taxable person must issue a credit note and may regularize the situation in the tax return for the period in which the modification occurs or in subsequent periods up to one year. Likewise, there is an obligation to refund the excess tax charged to the recipient.

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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