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V2462-14 18 September 2014 · SG de Tributos Criterion in force
IS · impuesto sobre sociedades

No supplementary Corporate Tax returns should be filed following IVMDH refunds

A company has enquired whether it must amend its Corporate Tax and VAT returns following the refund of the IVMDH supported between 2002 and 2012. The DGT clarifies that the refund income must be attributed to the financial year in which the right is recognised, and that the refund of undue VAT payments depends on whether the tax amounts were previously deducted.

The question raised

In relation to Corporate Income Tax (CIT):

The DGT's ruling

In Corporate Income Tax, the refund of the IVMDH (recorded as an expense) must be imputed as income in the fiscal year in which the right to its refund is recognized, without the need to file supplementary tax returns. Regarding VAT, the IVMDH forms part of the tax base, therefore the supplier must rectify the tax base. The recipient may only request the refund of undue payments if they were not entitled to the deduction of said VAT amounts.

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