Tax Agency: Contents

Form 390 corresponding to the annual summary declaration of VAT is divided into thirteen different sections that facilitate its completion:

Passive subject: It is the space intended for completing the identification data of the taxpayer.

It will be necessary to tick the boxes corresponding to the monthly return record, special regime for groups of entities for those taxpayers included in these cases, special regime for the cash basis and, where applicable, information on the declaration of bankruptcy.
Accrual: This section indicates the year to which the declaration refers. This section also indicates whether the declaration being submitted is intended to replace a previous one, when this is the case. Additionally, a box is included to identify whether it is a substitute declaration when the reason for its presentation is exclusively the rectification of self-assessments for the period subject to declaration due to having been declared in bankruptcy.
Statistical data: A brief description of the activities carried out will be provided, the heading of the Tax on Economic Activities and the statistical classification of the activities carried out by the taxpayer (business, professional, leasing, agricultural) will be mentioned, as well as the fact, when applicable, that these are activities not subject to the Tax on Economic Activities. In the case of taxpayers who are not registered in the IAE and have not started making deliveries of goods or providing services corresponding to business or professional activities, this circumstance will be indicated.

Likewise, it will be indicated whether you have carried out any transactions during the year for which you are required to file the annual declaration with third parties.

If you are covered by the joint filing procedure for self-assessments, you must provide the details of the entity that has undertaken to file the returns.
Representative details and signature of the declaration: In the event that the taxpayer is a community of property, a vacant estate or an entity lacking legal personality or if, in the case of a natural person, he acts through a representative, the details of the latter must be recorded.

If it is a legal entity, the details of its legal representatives will be indicated.
Operations carried out under the general regime: This section is dedicated to liquidating the tax corresponding to those operations that are not included in the simplified regime and for which the taxpayer must self-assess the tax.

The structure of the settlement of the VAT accrued is carried out following the different regimes in which the taxpayer can pay taxes: general, cash basis, used goods, works of art, antiques and collectibles, travel agencies, indicating separately the taxable bases taxed at each of the current tax rates and the accrued quotas. Taxpayers who choose to apply the advanced special regime for groups of entities provided for in article 163 sexies.cinco of the LIVA , will separately record the intra-group operations in which the tax base will be valued at cost, in accordance with the provisions of article 163 octies of said Law.

The VAT accrued on intra-community acquisitions of goods and services and on reversal of the taxable person will be recorded.

Modifications to the tax bases and quotas for years taxed at different tax rates, or if modifications have occurred due to bankruptcy or uncollectible credits, or if the modifications to the tax bases and quotas correspond to intra-group transactions, will be recorded separately.

Finally, the base, rate and rate of the equivalence surcharge accrued in those operations whose recipients are taxpayers subject to this special regime, as well as the modifications in the aforementioned cases, will be recorded separately.

Regarding deductible VAT, it is broken down into current goods and services and investment goods, separating that from acquisitions of goods and internal services, intra-community acquisitions and imports, as well as that from intra-group operations.

The amount of compensation paid to taxpayers under the special regime for agriculture, livestock and fishing, as well as the corrections of deductions and deductions for intra-group transactions, the regularization for investment assets acquired in previous periods, including, where applicable, the regularization of deductions prior to the start of the delivery of goods or provision of services corresponding to business or professional activities and the regularization for the application of the final prorata percentage, shall also be indicated.
Operations carried out under simplified regime: As was done in the general regime, in the section intended for the simplified regime, the settlement of the VAT of the activities covered by said special regime will be carried out, provided that there is an obligation to present this declaration -summary.

It should be noted that entrepreneurs or professionals who pay taxes only in common territory and are subject to the simplified regime exclusively and/or who also exclusively carry out the activity of leasing urban real estate (or activities for which there is no obligation to submit periodic self-assessments) are exempt from filing Form 390. In this case, taxpayers must complete the specific section reserved for these purposes in form 303 corresponding to the last settlement period of the year in relation to economic activities and, where applicable, on the applicable prorated percentage, differentiated sectors and tax percentages to various Administrations, as well as the details of the total volume of operations carried out in the year.

The heading of each of the activities carried out by the taxpayer under this regime will be indicated as the header of the column corresponding to the activity to be settled. Next, the units of each module used will be indicated in the same order as they appear in the Ministerial Order that approves them, such that if the module that appears in third place is not used, zero will be entered; as well as the accrued fee for current operations that results. The amount of the contributions borne or paid in the year for current operations will be indicated below; the correction indices, the minimum quota percentage corresponding to the activity; the amount of the refund of VAT contributions paid in other countries, if applicable, and the minimum quota. Finally, the fee derived from the simplified regime of the activity will be indicated.

A separate table will indicate the agricultural, forestry and livestock activities covered by this simplified regime, the volume of income, the rate of the quota to be paid that appears in the Ministerial Order approving modules, the accrued quota, the quotas borne and finally the quota derived from the simplified regime of these activities.

Following the liquidation scheme, the sum of all the installments derived from the simplified regime of the activities carried out will be made and the VAT accrued on intra-community acquisitions made in the year will be added, as well as that of the deliveries of fixed assets and the VAT accrued for investment. of the passive subject.

From the total VAT accrued, the VAT incurred on the acquisition of fixed assets and, where applicable, the regularization of investment goods will be deducted.

Annual settlement result: This section will only be completed by those taxpayers who pay taxes exclusively in common territory:

Box 658: In cases where there has been a modification of the taxable base by the taxpayer of an operation that is totally or partially unpaid, the recipient of the operation who has the status of businessman or professional and has applied a pro rata, must record in the box corresponding to the regularization of quotas of article 80.Five.5 of the LIVA, the amount corresponding to the quotas borne that could not be deducted and for which he is a debtor to the Public Treasury.
Box 84: The sum of the settlements made in the general regime (box 65) and in the simplified regime (box 83) must be indicated, to which the amount in box 658 will be added.
Box 659: Taxable persons who have opted for the deferral of import VAT under the terms of article 74.1 of the Value Added Tax Regulations will record the amount corresponding to the import VAT installments settled by Customs and entered through of monthly tax self-assessments.
Box 85 : The amount of the outstanding compensation fees generated in previous years and applied in year (i.e., those that have been recorded in box 78 of one of the self-assessments for the period) will be recorded.
Box 86: The result of the settlement will be recorded, which will be the amount resulting from subtracting the amount of box (85) from the sum of boxes (84) and (659).

Example 1:

Result	1^is quarter	2 trimester	3^is quarter	4th quarter
Accrued VAT	1000	1100	0	0
Input VAT	800	500	500	200
Previous period quotas (110)	1000	800	200	700
Quotas applied from previous years (78)	200	600	0	0
Outstanding quotas from subsequent years (87)	800	200	200	700
To pay	---	---	---	---
To compensate	---	---	500	200

At the end of the year, the taxpayer has a balance of 900 to offset:

Generated in previous years and not applied in the year: 200
- Amounts to be offset from previous years (start of the year): 1,000
- Applied in 1Q: (200)
- Applied in 2T: (600)
- Pending at the end of the exercise: 200
Generated in the 3rd^is quarter: 500 and not applied to any subsequent self-assessment
Generated in the 4th quarter: 200 (does not include amounts generated in Q3 or those generated in previous years and not applied)

Box 85: 800 (amount of quotas to be offset from previous years applied during the year)

Box 95: 0

Box 97: 200

Box 662: 500

Taxation based on territory: This section will only be completed by those taxpayers who must jointly pay taxes to the State Administration and one of the Provincial Councils of the Basque Country or Navarre. The definitive percentage of the operations carried out in the territory of each of the administrations and the result of the annual settlement attributable to the common territory will be recorded, which will be the sum of the settlements carried out in the general regime and in the simplified regime, as well as, where applicable, the amount of the regularized fees in accordance with article 80.Five.5 of the LIVA , multiplied by the percentage corresponding to the common territory, to which it will be added, where appropriate, case, the quotas corresponding to the VAT on import settled by Customs in cases in which the taxable persons have opted for the deferral of the VAT on import in the terms of article 74.1 of the Value Added Tax Regulation, and will be reduced , if applicable, for the amount corresponding to the compensation of quotas from the previous year also attributable to the common territory.

Result of the settlements: the calculation of the amount of periodic settlements with a result to be entered made in the fiscal year will be made. Likewise, if the last declaration of the fiscal year results in an offset or refund, the amount will be indicated.

If you apply the special regime for the group of entities, and you are required to submit this form 390 as a result of not having the obligation to submit the self-assessment corresponding to the last period of the financial year, you will record the positive and negative results of the self-assessments for the financial year (form 322).

Box 662 of Form 390 is intended to reflect the offsetting amounts generated in the year in any of the settlement periods other than the last, when they are not included in box 97 of the same Form 390, that is, when they have not been transferred to the rest of the settlement periods of the year.

Example 1:

Result	1^is quarter	2 trimester	3^is quarter	4th quarter
Accrued VAT	100	0	0	0
Input VAT	0	200	0	500
Previous period quotas (110)	0	0	200	200
Quotas applied from previous years (78)	0	0	0	0
Outstanding quotas from subsequent years (87)	0	0	200	200
To pay	100	---	---	---
To compensate	---	200	---	500

At the end of the year, the taxpayer has a balance of 700 to offset:

Generated in the 2nd quarter: 200 and not transferred to any subsequent self-assessment
Generated in the 4th quarter: 500 (does not include the 200 generated in the second quarter)

Box 95: 100

Box 97: 500

Box 662: 200

In the annual summary, form 390, the 200 euros pending compensation at the end of the year that are not included in the self-assessment of the last settlement period must be reported in box 662.

Example 2:

Result	1^is quarter	2 trimester	3^is quarter	4th quarter
Accrued VAT	100	0	400	0
Input VAT	0	200	0	500
Previous period quotas (110)	200	100	300	0
Quotas applied from previous years (78)	100	0	300	0
Outstanding quotas from subsequent years (87)	100	100	0	0
To pay	---	---	100	---
To compensate	---	200	---	500

Box 85: 200

Box 95: 100

Box 97: 500

Box 662: ---

Example 3:

Result	1^is quarter	2 trimester	3^is quarter	4th quarter
Accrued VAT	100	0	0	0
Input VAT	0	200	0	500
Previous period quotas (110)	200	100	300	300
Quotas applied from previous years (78)	100	0	0	0
Outstanding quotas from subsequent years (87)	100	100	300	300
To pay	---	---	---	---
To compensate	---	200	---	500

Box 85: 100

Box 95: ---

Box 97: 500

Box 662: 200

In the annual summary, form 390, the 200 euros pending compensation at the end of the year that are not included in the self-assessment of the last settlement period must be reported in box 662.

The amounts applied from the compensation of previous years (100 euros) must be reported in box 85.

Trading volume: In this section, the taxable person is asked to classify the operations subject to VAT carried out in the year depending on the regime used: general, simplified, cash basis, etc., exempt intra-community deliveries, exports and other exempt operations with the right to deduction and exempt operations without the right to deduction. Finally, information is requested on those operations that are not part of the trading volume because they are not common.

With regard to "operations under the general regime" (box 99), the total amount, excluding the VAT itself and, where applicable, the equivalence surcharge, of the deliveries of goods and services, will be recorded. made by the taxable person during the calendar year under the general VAT regime. It should be noted that in order to determine the volume of operations of the entities that opt for the advanced regime of the Special Regime of the Group of Entities, the amount of the taxable base resulting from the application of the provisions of articles 78 and 79 of the LIVA must be recorded.

However, the following operations should be excluded:
- Operations carried out from permanent establishments located outside the territory of application of the tax, when the costs related to said operations are not borne by permanent establishments located within the aforementioned territory.
- Self-consumption of goods included in letters c) and d) of number 1 of article 9 of the VAT Law.
  
  Operations exempt from tax will not be included in this box 99, which must be included in boxes 103, 104 and 105, nor the operations included in boxes 110, 125, 126, 127, 128 and 653.
Specific operations: The amounts of certain operations that, despite having been included in previous sections, deserve special attention due to their importance will be recorded. Such operations are as follows:
- Exempt domestic acquisitions.
- Exempt intra-Community acquisitions.
- Exempt imports.
- Tax bases of non-deductible input VAT.
- Taxable and non-exempt operations that give rise to the right to a monthly refund.
- Certain operations related to triangular operations.
- Services located in the territory of application of VAT by reversal of the taxable person.
Additionally, this section must include only those taxpayers covered by the special cash basis regime and, where applicable, those who are recipients of operations affected by it:
- Amounts of deliveries of goods and services to which, having been applied the special cash basis regime, would have accrued in accordance with the general accrual rule (article 75 of the LIVA ).
- Amount of purchases of goods and services to which the special cash basis regime is applicable or affected in accordance with the general accrual rule (article 75 of the LIVA).
Prorated: This section will be completed exclusively by VAT taxpayers who apply the pro rata rule for carrying out operations with the right to deduction and others without the right to deduction. For these purposes, for each activity the code of the CNAE that corresponds to it, the total amount of the operations corresponding to said activity, the amount of the operations that generate the right to the deduction corresponding to said activity, the type of apportionment (general or special) and the final apportionment percentage that corresponds will be recorded.
Activities with different deduction regimes: In the event that the taxable person carries out activities with differentiated deduction regimes, this section will indicate the breakdown of the VAT deductible for each of the differentiated sectors.