1. Rectifying self-assessment
The third Final Provision of Royal Decree 117/2024, of January 30, incorporates into the Value Added Tax Regulations a new article 74 bis that introduces the corrective self-assessment as the general route to rectify, complete or modify the self-assessment previously submitted.
The following are excluded from the corrective self-assessment:
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Corrections to quotas unduly passed on to other taxpayers, the eventual correction of which will require any the submission of a request for correction of self-assessment.
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Corrections to the quotas corresponding to operations covered by the special regimes regulated in Chapter XI of Title IX of the Tax Law.
In the case of rectifications based on the possible violation by the rule applied in the prior self-assessment of the provisions of another higher-ranking rule, the taxpayer may choose between submitting a rectifying self-assessment or a request for rectification of the self-assessment. Although both procedures allow rectification for these cases, only the second will allow the submission of supporting documentation for the reason for the rectification.
The corrective self-assessment involves the introduction of the following modifications in the model 303 :
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Box 108. This box is intended to allow the declaration of operations that may not be included in the remaining boxes of the model. This box may only be filled out in the case of a corrective self-assessment due to a discrepancy in administrative criteria.
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Reasons for rectification. Two grounds for rectification are incorporated into the model:
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Corrections (except those included in the following reason). It includes all grounds for rectification other than a disagreement with the administrative criteria, also rectification due to a possible violation of a higher-ranking rule.
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Administrative criteria discrepancy. It includes cases in which, although there is no violation of a higher-ranking rule, there is a discrepancy in its interpretation.
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Box 111. Its purpose is to reflect the part of the negative result of a corrective self-assessment that corresponds to the positive result of the corrected self-assessment, whether entered or not. It can only have content if box 71 is negative and box 70 also has content.
Corrective self-assessments will not allow the submission of documentation or making claims in the form itself.
You can consult the specifics of corrective self-assessments in Chapter 8 of this Manual.