Census registration requirement to apply the special regime for used goods

The application of the special regime for used goods, works of art, antiques, and collector's items constitutes a voluntary option for taxable persons. However, the Dirección General de Tributos (DGT) has clarified that this choice cannot be exercised retroactively or without prior compliance with essential administrative formalities.

What the DGT has ruled

The query concerned the need to register for the special regime from the first acquisition of collector coins in order to apply said regime to future sales. The DGT has ruled that, for the application of this special regime, it is essential to have submitted the census registration declaration relating to the commencement of activities, in accordance with current regulations.

The Administration's criterion is categorical: until the submission of said census declaration is formalized, it will not be possible to apply the consulted special regime. Therefore, the intention to apply this tax treatment must be supported by prior registration in the census.

What this means for you

If your economic activity consists of investing in or reselling collector coins, works of art, or antiques, you must take into account that the special regime is not automatic. The relevance of this criterion lies in the timing of the registration formalization:

• The application of the regime requires a registration declaration prior to the start of operations subject to this treatment.
• It is not possible to regularize the situation later to apply it to operations already carried out if the corresponding census registration was not fulfilled.
• Entities operating in this sector must ensure that their census status correctly reflects their activity to avoid the application of the general Value Added Tax (IVA) regime.

What you should do

It is necessary to verify that the entity's census status is correct before starting any buying and selling activity of goods subject to this regime. Correct management of the census registration guarantees that the tax treatment applied to sales is appropriate and in accordance with the regulations. It is recommended to assess each particular case and ensure that the registration declaration is made at the time of the commencement of activity to avoid contingencies with the Tax Administration.