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A fish product trader inquired whether they could apply the general VAT regime instead of the equivalence surcharge. The DGT ruled that if the requirements for a retail trader are met, the equivalence surcharge regime is mandatory and cannot be waived.
Cuestión planteada Posibilidad de aplicar a su actividad el régimen general del Impuesto sobre el Valor Añadido desde 1 de enero de 2016.
El régimen especial del recargo de equivalencia es obligatorio para los comerciantes minoristas que sean personas físicas o entidades en régimen de atribución de rentas. Se considera comerciante minorista a quien realiza entregas habituales de bienes sin transformarlos y cuyas ventas a consumidores finales superen el 80% del total. En estos casos, el régimen se aplica obligatoriamente sin posibilidad de renuncia.
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