Deliveries of investment goods during the regularisation period
In the event that the investment assets are transferred during the regularization period, a single regularization is carried out for the years of the regularization period that remain to elapse, applying the following rules:
-
Subject and non-exempt delivery: It is considered that the asset was used only in operations with the right to deduct during the year of sale and the remaining years until the expiration of the regularization period (percentage of 100 percent).
Deduction limit: the fee accrued for the delivery of the good.
-
Exempt or not subject delivery: It is considered that the asset was used only in operations without the right to deduct during the entire year of sale and the remaining years until the expiration of the regularization period (percentage of 0 percent).
However, the first rule will apply to exempt or non-subject deliveries that give rise to the right to the deduction.
Limit of deductions: the quota that would result from applying the current tax rate applicable to goods of the same nature to the internal value of the goods exported or sent to another Member State.
Example:
A building acquired in “n-1” for 2,000,000 euros, plus 420,000 euros of VAT , is sold in “n” for 1,000,000 euros.
The pro rata or final percentage of “n-1” deduction was 50%.
-
If delivery is subject and not exempt by waiver of exemption:
VAT charged on the sale: 1,000,000 x 21% = 210,000 euros
Regularization:
Complementary deduction of 189,000 euros
-
If delivery is subject but exempt:
VAT charged on the sale: 1,000,000 x 21% = 210,000 euros
Regularization:
Complementary income of 189,000 euros
Note to example:
(*) It is divided by 10, because since it is a building, the regularization period is 10 years, and it is multiplied by 9, because these are the years remaining until the regularization period ends, calculating for these purposes the year in transmission occurs.