New regulations for 2020

Royal Decree-Law 35/2020, of December 22, on urgent measures to support the tourism, hospitality and commerce sectors and in tax matters.

On December 23, it was published in the BOE Royal Decree-Law 35/2020, of December 22, Royal Decree-Law 35/2020, of December 22, which establishes the following tax measures in relation to the VAT

1. Application of the 0% tax rate to medical devices for in vitro diagnostics of SARS-Cov-2 and vaccines against it. From December 24, 2020 to December 31, 2022, its Seventh Final Provision establishes the application of the 0% tax rate to: 　

a) Deliveries, imports and intra-Community acquisitions of medical devices for in vitro diagnosis of COVID 19 that comply with the requirements established in Directive 98/79/EC of the European Parliament and of the Council, of October 27, 1998, on medical devices for in vitro diagnostics or in Regulation ( EU ) 2017/746 of the European Parliament and of the Council of 5 April 2017 on medical devices for in vitro diagnostics.　

b) Deliveries of COVID-19 vaccines authorised by the European Commission. 　

c) The provision of transport, storage and distribution services related to intra-Community deliveries, imports and acquisitions, as provided for in letters a) and b) above.　

These operations will be documented in the invoice as exempt operations.　

The rate of the equivalence surcharge applicable, during the time period mentioned in the first paragraph, to deliveries of the goods mentioned will be 0%.

2. Modifications related to the Simplified Regime and Agriculture, Livestock and Fishing: 

1 Calculation of the amount to be paid from the income on account corresponding to the first quarter of 2021 (article 9.5 of the Royal Decree-Law):

Taxpayers who carry out economic activities, other than agricultural, livestock and forestry, under the simplified regime of the Value Added Tax, for the calculation of the payment on account corresponding to the first quarterly installment of the fiscal year 2021, will apply the reduction percentages established in general in this Royal Decree-Law according to the activity carried out (20% or 35%) to the percentages established in number 3 of the Instructions for the application of the indexes and modules in the VAT of Annex II of Order HAC/1155/2020, of November 25, which develops the objective estimation method for the year 2021 PIT and the simplified special regime of VAT

2 Reduction in the number of tax periods affected by the waiver of the special simplified regime and the special regime for agriculture, livestock and fishing. VAT corresponding to the years 2020 and 2021 (article 10.3 of the Royal Decree-Law):

Taxpayers who have renounced the objective estimation method for the 2020 financial year will be able to determine the net income from their economic activity again using the objective estimation method in the 2021 or 2022 financial year, with the requirements established by regulation. Taxpayers who waive the objective estimation method for the 2021 financial year may once again determine the net income from their economic activity using the objective estimation method in the 2022 financial year, subject to the regulatory requirements.

The renunciation of the objective estimation method in the PIT and the subsequent revocation will have the same effects with respect to the special simplified regimes and agriculture, livestock and fishing of the VAT

3 Deadlines for resignations and revocations to the simplified regimes and agriculture, livestock and fishing of the VAT, for the year 2021 (article 12.2 of the Royal Decree-Law):

The resignation period referred to in article 33.2, second paragraph, of the Regulations of the VAT, Royal Decree 1624/1992, of December 29, as well as its revocation, which must take effect for the year 2021, will be from December 24 to January 31, 2021.

Renunciations and revocations submitted for the year 2021 to the simplified special regimes and those for agriculture, livestock and fishing during the month of December 2020, prior to December 24, will be deemed to have been submitted within the valid period, and the option made may be modified within the period mentioned in the previous paragraph. 

3. Deferral of payment of form 303 for the first quarter of 2021:

Article 8 allows the payment of Form 303 for the first quarter of 2021 to be deferred for up to six months, with no interest accrued during the first three months.

A necessary requirement for granting the deferral is that the debtor is a person or entity with a volume of operations not exceeding 6,010,121.04 euros in 2020 and the deferred debt does not exceed 30,000 euros. For the purposes of determining said amount, the debts referred to in the application itself and any other debts of the same debtor for which the deferral or fractioning has been requested and not resolved, as well as the amount of the outstanding payments of the deferred or fractioned debts, will be accumulated at the time of the application, unless they are duly guaranteed.

For more information:

por el que se adoptan medidas urgentes para responder al impacto económico del COVID-19.(BOE, 12-marzo-2020)

de medidas urgentes de apoyo al sector turístico, la hostelería y el comercio y en materia tributaria(BOE, 23-diciembre-2020)