VAT on imports, how to defer payment?
Under certain circumstances, you can deposit the quotas of the Import tax in the declaration-settlement corresponding to the period in which you receive the document in which the settlement carried out by the Administration appears.
As a result of the amendment made to the VAT Law by Law 28/2014 of 27 November, the possibility has been included that, subject to certain requirements, import tax quotas may be paid in the tax declaration-settlement corresponding to the period in which the document containing the settlement made by the Administration is received.
NO. This regulatory change means that, from 1 January 2015, some operators will continue to make direct payments of import VAT to Customs (via the 031 payment letter) and others will pay it via their self-assessment form.The two deposit systems will therefore coexist.
No. This is a VOLUNTARY scheme available to operators who meet the requirement set out in the regulations, namely that their reporting period is the calendar month.
To exercise this option, the VAT taxable person (the importer) is required by law to have a monthly reporting period.Any of the following operators have this declaration period:
1. Those whose turnover, calculated in accordance with the provisions of Article 121 of the Tax Law, exceeded 6,010,121.04 euros during the immediately preceding calendar year (large companies).
2. Those who have acquired all or part of a business or professional asset referred to in the second paragraph of section one of Article 121 of the Tax Law, when the sum of their turnover in the immediately preceding calendar year and the turnover in the same period carried out by the transferor of the said asset through the use of the transferred asset exceeded 6,010,121.04 euros.
3. Those included in Article 30 of these regulations authorised to request a refund of the balance in their favour at the end of each settlement period.
The provisions of the preceding paragraph shall apply even if no tax refund is payable by the taxable person.These operators are those registered in the REDEME.
4. Those applying the special system for the group of entities regulated in Chapter IX of Title IX of the Tax Law.
Taxable persons who have opted to defer the deposit of Import VAT quotas must exercise this option by filing a tax registry declaration with the Tax Agency during the November prior to the start of the calendar year in which it is to take effect. It shall be deemed to be extended for subsequent years until renounced or excluded.
This system, once the option has been exercised, is compulsory for all import operations carried out in the calendar year.
During 2015, the option can be exercised until 31 January, with effect from 1 February.
Yes, it can be renounced by ticking the appropriate box on the tax registry declaration.An operator who has renounced the system will not be eligible again for the next three years.
The Union Customs Code mandates customs authorities to require security to cover the customs debt at the time of release of the goods to allow their release, but does not generally require the inclusion of VAT or other charges in the calculation of the amount of VAT.Within this framework set by the European legislator, the existing national rules must be applied which, in any case, give the tax authorities a privileged position for the collection of taxes arising from the importation of goods, in cases where their payment is not sufficiently guaranteed.
In the light of the above, for the purposes of constituting the release security, it is understood that the payment of the VAT quotas is sufficiently secured and therefore does not need to be secured:
-Where the importer is an approved economic operator, or
-Where the importer is in the deferral system, unless risk indicators indicate otherwise and, in any case, where they do not meet the financial solvency criteria.
Operators entitled to apply the deferred payment system must enter the amounts settled by the Administration in the VAT declaration-settlement (form 303/ 322) for the period in which they are notified of the debt (in the case of dispatch, this notification is made on the date of release).
By way of example:SADs dispatched in February, as well as the settlements notified in the same month, must be included in form 303/322 to be filed from 1 to 20 March.
For this purpose, a new box (box 77) has been included in the aforementioned forms.
If an operator does not include all the import VAT quotas notified during a month in the settlement declaration for that month, the amounts not included will go directly to the enforced collection period, on a FIFO entry basis.
It should also be borne in mind that the non-recording or incorrect or incomplete recording in the self-assessment of the tax quotas corresponding to import operations settled by the Administration may constitute a tax infringement and, therefore, be liable to a penalty.
Yes, as part of its duty to assist taxpayers in voluntarily complying with their tax obligations, the Administration has created a new procedure in the e-Office that is both within the import procedure and within the VAT declarations procedure.This procedure, known as "Consultation of deferred payment import VAT" allows consultation of the deferred VAT quotas corresponding to each period, as well as the current status of those debts.
No. It will be the clearance system itself which, at the time of the admission of the S.A.D. , will verify whether or not the importer has exercised the option to defer payment.
Operators authorised to use the direct debit procedure must pay the VAT quotas for the tax period in which they receive notification of the tax debt (therefore at the time of release, except in the case of express tax assessment).
Example:Recapitulative SAD Z filed on 3 February for goods registered (and lifted) on 9 January and with a green circuit.In this case, the VAT payments are understood to be notified by the tax office on 9 January and must be paid on form 303 corresponding to January.