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V4148-15 30 December 2015 · SG de Impuestos sobre el Consumo Criterion in force
IVA · rectificación de cuotas

The tax rate applicable at the time of accrual must be used to rectify tax amounts due to changes in the taxable base

A lessor inquired about the VAT rate to apply when rectifying tax amounts following a court ruling that recognised a higher rental income. The DGT ruled that the rate in force at the time the transactions accrued must be applied, and the rectification must be carried out via a credit note.

The question raised

Question posed: Tax rate applicable to the higher income recognized. Rectification of tax liabilities.

The DGT's ruling

The rectification of tax liabilities due to modification of the tax base must be carried out by applying the rates that were applied when the accrual of the operations occurred, and not the rate in force at the time of the rectification. In operations of successive performance, accrual occurs when the part of the price becomes due. The rectification must be made by means of a credit note and the difference may be included in the tax return for the period in which the rectification must be carried out if the cause is the modification of the tax base.

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