Our law firm and team economists in Spain have met quite often companies and professionals that carry out part of their functions outside of Spain in which it is common that in business trips like that, invoices are generated with VAT paid in foreign tax offices. If you are a entrepreneur or a self-employed professional, and you make expenses outside of Spain related with your professional business, such as accommodation or transport, this post might be interested for you.

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How to request the refund of the VAT of invoices issued by companies of the European Union?

The VAT paid abroad is not deductible in the income tax return. However, the professional or businessman may request the refund through the form 360, provided that the refund of the VAT paid for the import of goods or services come from a European Union country.

In the case of countries outside the European Community, there are some countries that have reciprocity agreements such as Israel, Norway, Canada, Switzerland, Monaco or Japan amongst others and the VAT may be requested but subject to certain limits.

 

How and when must the model 360 be filed?

When filing form 360 you must take into account:

  1. The application must be filed by telematics, through the website of the Spanish Tax Office (AEAT). This is the Agency who will take care of the refund. Therefore, you need to register at the DHE (Authorized Email), unless you grant powers to a representative.
  2. The application form must be filled in with the contact details of the supplier, of the invoice and a copy of the invoices must be attached showing the payment of the VAT.
  3. There is a minimum sum, as the frequency of the request goes in function of the sum you request to be returned. From 400€, the request would need to be done every quarter, from 50€ annually.
  4. With regard to terms to file model 360, you can file it on the day after the end of the quarter or year whichever is the case. The term ends on the 30th of September of the year after the corresponding invoice.

Should you wish to have more information or you have any enquiry related on this issue, remember that Welex relies on a expert team of tax advisors and accountants in this matter.