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We blog legal and tax information targeted to resident and non resident UE citizens in Spain to help them with these issues and to solve doubt and generate controversy about these matters.

NEW SPANISH TAX LEGISLATION 2010 (I) VAT
Monday, February 1, 2010 @ 9:14 PM

For the financial year 2010 the most important developments on VAT are the following ones we highlight below:

VAT tax rates from 1 July 2010
 
Effect On July 1, 2010 VAT rates change as follows:

General rate: goes from 16% to 18%.
Reduced: goes from 7% to 8%
Super-reduced rate: it is at 4%.
Compensation of agriculture and forestry: going from 9% to 10%
Compensation for livestock and fisheries: going from 7.5% to 8.5%
 
Changes in the form 349

This form will also experience a series of profound changes which we shall discuss
 
New cases of submission for the new form 349


There is a broadening of cases in which Form 349 must be filled out, as former VAT Regulations only required to fill this form when companies made deliveries and for acquisition of goods and now we have to include deliveries and for acquisition of SERVICES
 
Ways and terms for submission of the form 349

The general rule of presentation of the form 349 makes it a monthly form that has to be submitted within the first 20 calendar days of the following month, except July which may occur throughout August and until September 20.
 
However, if during the reference quarter or each of the four quarters preceding, the total amount of supplies of goods and services does not exceed € 50,000 the form will be submitted every three months.
 
If at the end of any of the months that make up each quarter the amount of 50.000 is exceeded, there will be a 349 for each of the months past in the current quarter. That is, during January does not exceed € 50,000, but in February it is superior. From 1 to March 20 have to submit monthly 349 for January and for  February and from March I will have to submit form 349 each month until you make four calendar quarters not exceeding € 50,000.
 
VERY IMPORTANT: This threshold, only for the years 2010 and 2011 shall be € 100,000, and thus for 2012 the threshold is € 50,000.
It remains the case that the previous legislation regulated for the annual filing of form 349 for companies that had a total amount of deliveries and services that would not exceed, exclusive of VAT, more than € 35,000 and exempt intra-Community supplies do not exceed € 15,000
 
Regulation for VAT refund supported by businessmen abroad not established in the peninsula and established in the European Union,, in the Canary Islands, Ceuta and Melilla
 
The new Law provides a new system for the recovery of VAT supported outside the Peninsula, and vice versa, that is, the VAT paid by a non established entrepreneur in a purchase made at the Peninsula.
 
With former VAT regulation, for example, a Spanish truck driver, at the moment he had to refuel petrol at a German service station, supported German VAT, and if he wanted to recover the German VAT he was supposed to begin before the German tax office, a refund of VAT. Obviously, this discouraged a lot of request for repayment of those foreign VAT quotes because they had to be done before a foreign administration and had to be done in each foreign administration which VAT was supported (say that on his way he pumped gas in France, Germany and Poland)
 
Well, with the new regulation, the request for return of the foreign VAT will be submitted through the website of the Spanish Tax Office (www.aeat.es). Much better: first you know the language, second, everything you do on the Internet from your country and third, you apply to just one Tax Office to handle the return of those quotes of VATs supported by the EU.

And the same when it is a German truck driver who refueled in the Peninsula. It will do so, from now, through the web site of German tax office

SERVECO ASESORES www.serveco.es info@serveco.es



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