5. Accrued VAT

The VAT accrued, the amounts of which must be included in the corresponding declarations-settlements, should not be computed within the full income derived from sales or provision of services carried out in the field of business or professional activity. to this tax.

On the contrary, the VAT accrued and, where applicable, the compensation received, the amounts of which should not be included in declarations-settlements corresponding to this tax, must be included among the full income derived from sales or provision of services.

Among other assumptions, this circumstance will occur when the economic activity carried out is in one of the following special VAT regimes:

• Special Regime of the Equivalence Surcharge.

  In this regime, suppliers pass on the invoice to the retailer as an equivalence surcharge, the corresponding VAT plus the equivalence surcharge, and pay it in.

  For its part, the retailer in the equivalence surcharge must pass on to its customers the amount resulting from applying the tax rate to the taxable base corresponding to the sales and other operations they carry out, but in no case can they increase said percentage by the amount of the equivalence surcharge. Please note that the merchant will pass on the resulting fee in accordance with the above, which corresponds exclusively to commercial operations, as well as to the transfers of assets or rights used exclusively in the activity subject to this special regime.

  Therefore, only the VAT that is charged will be included as income.

• Special regime for agriculture, livestock and fisheries.

  Taxable persons covered by the special regime are not required to settle, charge and pay VAT.

  They receive a flat-rate compensation for deliveries of natural products obtained on their farms to other entrepreneurs who are not covered by the agricultural regime and who do not exclusively carry out exempt domestic operations. This compensation they receive is what should be included as income.