Corrections
The data contained in the recapitulative declarations must be rectified when errors have been made or alterations have occurred resulting from the modification of the VAT tax base . The rectification shall be included in the summary statement for the period in which the recipient of the goods was notified.
Such corrections will be recorded on the “Corrections of prior periods” sheet, using the keys mentioned in the previous section , “A”, “E”, “T”, “S”, “I”, “M”, “H”, “R”, “D” or “C”, depending on the type of operation affected by the correction.
The purpose of the corrections section of Form 349 is to enable the taxpayer to correct operations included in a previous declaration when errors have been made or changes have occurred as a result of the circumstances referred to in Article 80 of the Value Added Tax Law.
The way in which the rectifications section will be completed will be different depending on the error or alteration that you want to correct:
-
The amount.
-
« NIF operator», «Last name and first name or company name of the operator» or «Operation code».
1. Correct only the amount
When the only thing that is required is to rectify the amount of the tax base because it was declared for an incorrect amount or an alteration has occurred due to the circumstances referred to in article 80 of the Value Added Tax Law, a single record will be completed.
The rectification record will be completed with respect to the fields "NIF COMMUNITY OPERATOR", "SURNAME AND NAME OR COMPANY NAME OF THE INTRA-COMMUNITY OPERATOR" and "OPERATION KEY" with the same data as those entered in the record that is now to be rectified.
The fiscal year and period to which the declaration being corrected corresponds must be entered in the "Fiscal Year" and "Period" fields.
The new total amount of the Tax Base will be entered in the “Rectified tax base” field.
In the field "Previously declared tax base" the amount declared in the declaration being corrected will be entered.
Example 1:
The Spanish taxpayer with NIF: B22222222 records the following transaction in its 2022 financial year and 4Q period declaration:
| Field name | Data recorded |
|---|---|
|
NIF COMMUNITY OPERATOR
|
PT123456789 |
|
LAST NAME AND NAME OR COMPANY NAME OF THE OPERATOR
INTRACOMMUNITY |
PORTUGUESE OPERATOR |
|
OPERATION KEY
|
A |
|
TAX BASE
|
123456 |
In January 2023, one of the acquisitions made during the fourth quarter of 2022 with the Portuguese operator (PT123456789) was rescinded, with the new taxable base for all acquisitions made during said period being 1,000.00 euros. In your 1Q 2023 tax return, the registration will be recorded as follows:
| Field name | Data recorded |
|---|---|
|
NIF COMMUNITY OPERATOR
|
PT123456789 |
|
LAST NAME AND NAME OR COMPANY NAME OF THE OPERATOR
INTRACOMMUNITY |
PORTUGUESE OPERATOR |
|
OPERATION KEY
|
A |
|
YEAR
|
2022 |
|
PERIOD
|
4T |
|
RECTIFIED TAX BASE
|
1000 |
|
TAX BASE PREVIOUSLY DECLARED
|
123456 |
Example 2:
The Spanish taxpayer with NIF: B22222222 makes intra-community deliveries of goods worth 1,000 euros in January 2023. In February 2023, a return of goods amounting to 500 euros is made, so the previous delivery of goods is rectified by 500 euros.
The taxpayer records the following transaction in his/her 2023 tax return and 1Q period:
| Field name | Data recorded |
|---|---|
|
NIF COMMUNITY OPERATOR
|
PT123456789 |
|
LAST NAME AND NAME OR COMPANY NAME OF THE OPERATOR
INTRACOMMUNITY |
PORTUGUESE OPERATOR |
|
OPERATION KEY
|
E |
|
TAX BASE
|
500 |
Unlike Example 1 above, when the correction occurs in the same declaration period, the Correction Sheet 349 does not have to be completed, but rather a single record will be sent on the declaration sheet netting the amount.
2. Correct "Operator's NIF", "Operator's surname and name or company name" or "Operation code"
When the field to be corrected is the "NIF COMMUNITY OPERATOR", "SURNAME AND NAME OR COMPANY NAME OF THE INTRA-COMMUNITY OPERATOR", or "OPERATION KEY", it will be necessary to complete two correction records.
The first rectification record will be completed, with respect to the fields mentioned above, with the same data as those entered in the record that is now to be rectified. In the "Fiscal Year" and "Period" fields, the fiscal year and period to which the declaration being corrected corresponds. Regarding the field "Rectified tax base" zero will be entered. As for the field "Previously declared tax base" the amount declared in the declaration being corrected will be recorded.
The second rectification record will be completed with respect to the fields "NIF COMMUNITY OPERATOR", "SURNAME AND NAME OR COMPANY NAME OF THE INTRA-COMMUNITY OPERATOR" and "OPERATION KEY" with the corrected data of the errors or alterations that you wish to report. In the "Fiscal Year" and "Period" fields, enter the fiscal year and period to which the declaration being corrected corresponds. Regarding the “Rectified tax base” field, the total amount of the Tax Base will be recorded. As for the “Previously declared tax base” zero will be recorded.
Example:
The Spanish taxpayer with NIF: B22222222 records the following transaction in its 2022 financial year and 4Q period declaration:
| Field name | Data recorded |
|---|---|
|
NIF COMMUNITY OPERATOR
|
PT123456789 |
|
LAST NAME AND NAME OR COMPANY NAME OF THE OPERATOR
INTRACOMMUNITY |
PORTUGUESE OPERATOR |
|
OPERATION KEY
|
A |
|
TAX BASE
|
123456 |
In March 2023, the Portuguese operator informed him that his community VAT number was not “PT123456789” but “PT987654321”. In your 1Q 2023 tax return, you will need to declare two records of corrections. The first of these shall be recorded as follows:
| Field name | Data recorded |
|---|---|
|
NIF COMMUNITY OPERATOR
|
PT123456789 |
|
LAST NAME AND NAME OR COMPANY NAME OF THE OPERATOR
INTRACOMMUNITY |
PORTUGUESE OPERATOR |
|
OPERATION KEY
|
A |
|
YEAR
|
2022 |
|
PERIOD
|
4T |
|
RECTIFIED TAX BASE
|
0 |
|
TAX BASE PREVIOUSLY DECLARED
|
123456 |
The second record shall be entered:
| Field name | Data recorded |
|---|---|
|
NIF COMMUNITY OPERATOR
|
PT987654321 |
|
LAST NAME AND NAME OR COMPANY NAME OF THE OPERATOR
INTRACOMMUNITY |
PORTUGUESE OPERATOR |
|
OPERATION KEY
|
A |
|
YEAR
|
2023 |
|
PERIOD
|
4T |
|
RECTIFIED TAX BASE
|
123456 |
|
TAX BASE PREVIOUSLY DECLARED
|
0 |