Corrections
The data contained in the recapitulative statements should be rectified where errors have been made or alterations have occurred as a result of a change in the taxable amount of VAT.The correction shall be included in the recapitulative statement for the period in which it was notified to the recipient of the goods.
Such rectifications shall be recorded on the "Rectifications of previous periods" sheet, using the codes mentioned in the previous section , "A", "E", "T", "S", "I", "M", "H", "R", "D" or "C", depending on the type of operation affected by the rectification.
The purpose of the rectifications section of form 349 is for the taxpayer to correct operations included in a previous return, when errors have been made or alterations have occurred as a result of the circumstances referred to in article 80 of the Value Added Tax Law.
The way in which the rectifications section is completed will be different depending on the error or alteration to be corrected:
The amount.
"NIF operator", "Surname and first name or company name of the operator" or "Operation key".
1.Rectify only the amount
Where only the amount of the taxable amount is to be corrected because it was declared at the wrong amount or an alteration has occurred as a result of the circumstances referred to in Article 80 of the Value Added Tax Act, a single record shall be completed.
The correction record shall be completed for the fields "TRADER ID NUMBER OF COMMUNITY TRADER", "SURNAME AND FIRST NAME OR BUSINESS NAME OF INTRA-COMMUNITY TRADER" and "TRADER KEY" with the same data as those entered in the record to be rectified.
The fiscal year and period to which the return to be corrected relates shall be entered in the fields "Fiscal year" and "Period".
The new total amount of the Taxable Base shall be entered in the field "Rectified Taxable Base".
In the field 'Previously declared taxable amount' the amount declared in the return to be corrected shall be entered.
Example 1:
Spanish taxpayer with NIF:B2222222222 reports the following transaction in its declaration for the 2021 financial year and Q4 period:
| Field name | Reported data |
|---|---|
COMMUNITY OPERATOR NIF | PT123456789 |
SURNAME AND FORENAME OR BUSINESS NAME OF THE OPERATOR INTRA-COMMUNITY | PORTUGUESE OPERATOR |
TRANSACTION CODE | A |
TAXABLE BASE | 123456 |
In January 2022, one of the acquisitions made during the fourth quarter of 2021 with the Portuguese operator (PT123456789) was terminated, with the new taxable base for all acquisitions made during this period being EUR 1000.00.In its declaration for Q1 of the financial year 2022, the record shall be entered as follows:
| Field name | Reported data |
|---|---|
COMMUNITY OPERATOR NIF | PT123456789 |
SURNAME AND FORENAME OR BUSINESS NAME OF THE OPERATOR INTRA-COMMUNITY | PORTUGUESE OPERATOR |
TRANSACTION CODE | A |
EJERCICIO | 2021 |
PERIOD | 4T |
RECTIFIED TAX BASE | 1000 |
PREVIOUSLY DECLARED TAX BASE | 123456 |
Example 2:
Spanish taxpayer with NIF:B2222222222 makes intra-Community deliveries of goods in January 2022 amounting to EUR 1000.In February 2022, a return of goods in the amount of EUR 500 is made, whereby the previous delivery of goods is corrected by EUR 500.
The taxpayer records the following transaction in its return for the 2022 financial year and period Q1:
| Field name | Reported data |
|---|---|
COMMUNITY OPERATOR NIF | PT123456789 |
SURNAME AND FORENAME OR BUSINESS NAME OF THE OPERATOR INTRA-COMMUNITY | PORTUGUESE OPERATOR |
TRANSACTION CODE | E |
TAXABLE BASE | 500 |
Unlike Example 1 above, when the rectification takes place in the same declaration period, the 349 Rectification Sheet does not have to be filled in, but a single record will be sent in the declarant sheet netting the amount.
2.Correct "Operator's TIN", "Operator's surname and forename or company name" or "Operation code".
When the field to be corrected is the "COMMUNITY TRADER ID NUMBER", "SURNAME AND FIRST NAME OR BUSINESS NAME OF INTRA-COMMUNITY TRADER", or "TRADE KEY", it shall be necessary to fill in two correction records.
The first rectification record shall be completed, in respect of the above-mentioned fields, with the same data as those entered in the record to be rectified.In the fields "Year" and "Period", the tax year and period to which the return to be corrected relates.For the field 'Rectified tax base', zero shall be entered.For the field "Previously declared tax base" the amount declared in the return to be corrected shall be entered.
The second correction record shall be completed for the fields "TRADER ID NUMBER OF COMMUNITY TRADER", "SURNAME AND FIRST NAME OR BUSINESS NAME OF INTRA-COMMUNITY TRADER" and "TRADER KEY" with the corrected data of the errors or alterations to be communicated.In the fields "Fiscal year" and "Period" the fiscal year and period to which the return to be corrected corresponds.For the field "Rectified taxable base" the total amount of the taxable base shall be entered.For "Previously declared tax base" zero shall be entered.
Example:
Spanish taxpayer with NIF:B2222222222 reports the following transaction in its declaration for the 2021 financial year and Q4 period:
| Field name | Reported data |
|---|---|
COMMUNITY OPERATOR NIF | PT123456789 |
SURNAME AND FORENAME OR BUSINESS NAME OF THE OPERATOR INTRA-COMMUNITY | PORTUGUESE OPERATOR |
TRANSACTION CODE | A |
TAXABLE BASE | 123456 |
In March 2022 the Portuguese operator informs you that your EU TIN is not "PT123456789" but "PT987654321". In your Q1 2022 return you will be required to declare two correction records.The first of these shall be recorded as follows:
| Field name | Reported data |
|---|---|
COMMUNITY OPERATOR NIF | PT123456789 |
SURNAME AND FORENAME OR BUSINESS NAME OF THE OPERATOR INTRA-COMMUNITY | PORTUGUESE OPERATOR |
TRANSACTION CODE | A |
EJERCICIO | 2021 |
PERIOD | 4T |
RECTIFIED TAX BASE | 0 |
PREVIOUSLY DECLARED TAX BASE | 123456 |
The second record shall be entered:
| Field name | Reported data |
|---|---|
COMMUNITY OPERATOR NIF | PT987654321 |
SURNAME AND FORENAME OR BUSINESS NAME OF THE OPERATOR INTRA-COMMUNITY | PORTUGUESE OPERATOR |
TRANSACTION CODE | A |
EJERCICIO | 2022 |
PERIOD | 4T |
RECTIFIED TAX BASE | 123456 |
PREVIOUSLY DECLARED TAX BASE | 0 |