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V3424-16 20 July 2016 · SG de Impuestos sobre el Consumo Criterion in force
IVA · sujeto pasivo

Taxpayers must include and pay accrued VAT in their tax returns

A homeowners' association inquired whether it could recover its credit through the VAT accrued by a company in insolvency proceedings. The Directorate General for Taxes (DGT) ruled that the taxpayer is obliged to include the accrued amount in its tax return and make the corresponding payment.

The question raised

Possibility of collecting the credit by charging the Value Added Tax accrued on an operation in which the taxable person is the insolvent company indebted to the applicant.

The DGT's ruling

The taxable person for an operation subject to and not exempt from VAT must include the accrued amount in the tax return for the period in which the accrual occurs. Likewise, the taxable person is obliged to pay the amount resulting from said tax return.

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