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A municipal entity asks how and when to issue corrective invoices after a court ruling that nullifies previously applied water tariffs. The DGT explains that the taxable base must be adjusted and that there are two methods for correcting overcharged quotas.
Question posed: Possibility, method, and timeframe for issuing the corresponding credit notes.
In the event of a modification of the tax base by judicial sentence, the tax liability must be rectified while maintaining the current rate. If the regularization procedure (Art. 89.5.b VAT Act) is chosen, it is mandatory to refund the excess to the recipient, which is therefore not applicable if the users cannot be located. In that case, the alternative is the procedure for the rectification of self-assessments to request the refund of undue payments directly from the Administration.
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