News 2017

16-05-2017 Order HFP/417/2017 of 12 May, regulating the regulatory and technical specifications for developing the management of the VAT Record Books through the E-Office of the Tax Agency.

On 15 May 2017 Order HFP/417/2017 of 12 May was published, regulating the regulatory and technical specifications for developing the management of the Value Added Tax Record Books through the E-Office of the Tax Agency, established in article 62.6 of the Value Added Tax Regulation, and approved by Royal Decree 1624/1992 of 29 December, and modifying other tax regulations.

The aim of this Ministerial Order is to develop the necessary modifications to correctly implement Royal Decree 596/2016, of 2 December, for the modernisation, improvement and stimulus of the use of electronic methods in VAT management (Official State Gazette of the 6 December). For these purposes, the following regulatory changes were introduced:

1. The registration fields to be filled in in the VAT record Books are developed and the means in which this data is supplied via the Tax Agency E-Office.

-With regard to the contents of the Issued invoices record book:

• The type of invoice records is established: full, simplified, amendment, issued in replacement of simplified invoices or summary entry.
• It specifies which type of transactions that are relevant for tax purposes and, to date, were reported on form 347 or 340 must be identified: billing of travel agencies in accordance with DA4 of the Regulation that regulates billing obligations, leasing operations of business premises, collections on behalf of third parties of professional fees, amounts received in transfers of properties subject to VAT, amounts received in cash of more than 6,000 euros per year and operations of insurance entities for which no invoice is issued. The latter two operations are reported annually.

-With regard to the contents of the Issued invoices record book:

• The type of invoice records is established: full, simplified, summary entry, customs and excise document and accounting records. It is optional for the recipient to identify invoices received as amendments or replacements of simplified invoices.
• It specifies which type of transactions that are relevant for tax purposes and, to date, were reported on form 347 or 340 must be identified: business premises leasing operations, acquisitions of goods or services outside of any business or professional activity carried out by public entities, purchases by travel agencies that invoice in accordance with DA4 of the Regulation governing billing obligations and operations by insurance entities for which no invoice is issued. The latter two operations are reported annually.

- ANNEX I of the Order contains the record fields to be completed in accordance with the Order and the specifications of articles 63 and 66 of the VAT Regulations. The format and design of the computerised messages to be sent matches the fields in ANNEX I and their format and design will be the same as on the Tax Agency's E-Office.

-For those cases in which there exist simplification authorisations regarding invoicing or specific record systems in accordance with article 62.5 of the VAT Regulations, the corresponding authorisation should be sent prior to submitting the invoice records included therein. The record number obtained when the authorisation is sent must also be stated in each computerised message.

- The procedure to carry out the supply will be:

• Online through web services based on the exchange of XML messages. Each of these messages will contain a maximum number of invoice records per submission. The maximum number will be defined in the Tax Agency's E-Office online. (Currently the maximum number of records per submission is 10,000, however, unlimited submissions can be made).

  Submissions can only be made via digital certificate.

• Using the web-based form. Invoicing records can be submitted on an individual basis.

Submissions can be made via digital certificate, and the cl@ve PIN system (in the case of the private individual who owns the book or an authorised party).

- The information that must be provided in relation to the first half of 2017 referred to in the Sole Additional Provision of Royal Decree 596/2016, of December 2, is determined, as well as the method of sending it.

- It is determined that for taxpayers registered on the REDEME, the obligation to issue the invoicing records for the first half of the year will be understood to have been met by virtue of the obligation to file an informative tax return on the record books, form 340, during the period from 1 January to 30 June 2017.

2. Other modifications:

- Modification of census declarations (forms 036 and 037), to opt in or out of keeping the record book in form 036 on the Tax Agency E-Office and notification that the obligation to issue invoices exists for recipients of operations or third parties in the terms of article 5.1 of the Regulations governing invoicing obligations. (ANNEX II of the Order). The modifications made to form 037 are of a merely technical nature. (ANNEX III of the Order)

- The modification of Order EHA/3111/2009 of 5 November which approves form 390 on annual summary VAT returns, to include those taxpayers required to keep record books on the Tax Agency E-Office in accordance with article 62.2 of the VAT Regulations within the collective that is exempt from filing these returns.

- The modification of Form 303, self-assessment of Value Added Tax (ANNEX V of the Order), and Form 322 on Group entities. Individual form. Monthly self-assessment (ANNEX IV of the Order) to require certain additional information in the self-assessment form corresponding to the tax return period of those taxpayers who are required to or opt to keep record books on the E-Office. This additional detail contains information on the types of economic activities to which the tax return corresponds, the prorrata rate applicable, if any, some Administrations' specific sectors and tax percentages, and details of the total volume of transactions carried out during the year.

- Modification of the terms for online filing with direct debit payments of self-assessment VAT returns.