Main tax measures in the field of VAT included in RD-Law 34/2020 of 17 November on urgent measures to support business solvency and the energy sector, and in the field of taxation (BOE 28 November)

AMENDMENT TO THE LAW ON VALUE ADDED TAX

Tax rate applicable to facemasks

1. Tax rate of 0% on the supply, import and intra-community acquisition of medical equipment

   Article 6 of RD-Law 34/2020, with effect from 1 November 2020:

   • Maintains until 30 April 2021 the application of the tax rate of zero percent to domestic deliveries, imports and intra-Community acquisitions of medical equipment to combat COVID-19, whose recipients are public entities, private social entities and hospitals.
   • It updates the list of goods to which this measure applies in its annex.

   Employers who have effected or satisfied VAT for operations to which Royal Decree-Law 34/2020 applies the zero rate and have been carried out prior to its entry into force shall make the correction of the tax in accordance with Article 89 LIVA.

   Please note that these transactions will be documented in the invoice as exempt transactions.

2. Tax rate of 4% on the supply, import and intra-community acquisition of facemasks

   Article 7 of RD-Law 34/2020, with effect from 19 November 2020 and until 31 December 2021, temporarily reduces from 21 to 4% the rate applicable to supplies, imports and intra-Community acquisitions of disposable surgical facemasks whose recipients are different from the above.

More information:

de medidas urgentes de apoyo a la solvencia empresarial y al sector energético, y en materia tributaria.(BOE, 18-noviembre-2020)