Recognition of the right to apply the reduced VAT rate of 4% to transactions related to vehicles used to transport people with disabilities in wheelchairs or with reduced mobility
General Details
Denomination
Recognition of the right to apply the reduced VAT rate of 4% to transactions related to vehicles used to transport people with disabilities in wheelchairs or with reduced mobility
Procedure type
Taxation
Subject
Taxes
Purpose
Procedure whose aim is the prior recognition of the purchaser's right to apply the reduced value added tax rate of 4% for deliveries or purchases in the EU of vehicles that will be used as special taxis or cars to transport people with disabilities in wheelchairs, either directly or after adapting them, as well as motor vehicles that, with or without adaptation, will regularly transport people with disabilities in wheelchairs or with reduced mobility, regardless of who drives them.
Responsible body
State Revenue Office
General information of the procedure
Start form
interested
Applicant: Citizen - Company
Place for presentation
Telematics.
AEAT offices.
Post Offices.
Other places contemplated in article 16 of Law 39/2015.
Documentation
Together with the request, you must provide documentation that proves that the vehicle is to be used for the regular transportation of a disabled person who uses a wheelchair, or who has reduced mobility.
Phases of the procedure/service
Start: At the request of a party, through a request signed by both the purchaser and the person with a disability, as long as it is different from the purchaser (Form 04). The disability or reduced mobility must be proven and that the destination of the vehicle is the usual transportation of disabled people in wheelchairs or with reduced mobility.
Procedure: If the requirements are met, a provisional acceptance agreement will be issued, which allows the acquisition of the vehicle applying the 4% rate. Subsequently, the seller of the vehicle through the Internet, or the applicant himself by appearing at the Administration offices, must communicate the data corresponding to the acquisition of the vehicle. If they are not correct, a rejection resolution proposal will be issued granting the interested party a hearing procedure.
End: If they are correct, an agreement will be issued definitively recognizing the right to apply the 4% rate. Taxable persons who deliver vehicles for the regular transportation of disabled people in wheelchairs or with reduced mobility may only apply the reduced tax rate when the purchaser proves his right through the document containing the relevant agreement of the State Tax Administration Agency, which must be kept during the prescription period.
Forms
Resolution deadline
6 months
Resolution body
State Revenue Office
Resources
Replacement: Term: One month. Optionally, before the office from which the administrative act to be appealed comes from, stating that no economic-administrative claim has been filed against it.
Economic-administrative claim: Term: One month from the day following the notification of the disputed claim or that on which the procedure or the previous appeal is deemed rejected. It will be directed to the administrative body that issued the claimable act.
Information linked to electronic processing
Identification system
Electronic DNI, Electronic Certificate, PIN Code
Interactivity level
Level 4: Electronic processing
Regulations
Basic Regulations
-
Real Decreto 1065/2007, de 27 de julio,
por el que se aprueba el Reglamento General de las actuaciones y los procedimientos de gestión e inspección tributaria y de desarrollo de las normas comunes de los procedimientos de aplicación de los tributos. Artículos 136 y 137. Disposición Adicional Primera. Uno. 9. (BOE 5-septiembre-2007)
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Ley 37/1992, de 28 de diciembre,
del Impuesto sobre el Valor Añadido. Artículo 91. Dos.1.4º. (BOE 29-diciembre-1992)
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Reglamento del Impuesto sobre el Valor Añadido, aprobado por Real Decreto 1624/1992,
de 29 de diciembre. Artículo 26 bis. Dos. (BOE 31-diciembre-1992)