Form 303. Rectifying self-assessment
Law 13/2023, of May 24, 2023, introduced important changes in tax matters, among which the most notable is that of article 120, sections 3 and 4, of the General Tax Law (LGT). This amendment introduces the figure of the corrective self-assessment for taxes for which its specific regulations so provide, which will allow taxpayers to rectify, complete or modify the self-assessment previously submitted.
In the field of Value Added Tax, 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 previously submitted self-assessment.
The effective application of the corrective self-assessment requires the approval of the ministerial order approving the corresponding declaration models. In the area of VAT , the new model adapted to the figure of the corrective self-assessment has been approved by Order HAC /819/2024, of July 30.
In accordance with the provisions of the Sole Final Provision of Order HAC/819/2024, of July 30, the new model will apply:
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In the case of taxpayers with a monthly settlement period, it will apply to self-assessments for September 2024 and subsequent years.
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In the case of taxpayers with a quarterly settlement period, it will apply to self-assessments for the third quarter of 2024 and subsequent years.
Corrections affecting periods prior to September 2024 and the third quarter of 2024 will be made in accordance with the system prior to the entry into force of the corrective self-assessment. That is, errors that are detrimental to the Treasury will be corrected through the traditional supplementary self-assessment, while errors that are detrimental to the taxpayer must be corrected by submitting a request for rectification of the self-assessment.
Example 1:
Businessman “A” submitted a self-assessment for VAT for August 2024 with the following result:
In October 2024, “A” realizes that he did not include in the August self-assessment a sale with a taxable base of 1000 and a passed-on quota of 210.
“A” must correct the error made (undeclared sale) by submitting a supplementary self-assessment (a corrective self-assessment would not be applicable since the correction affects a period prior to September 2024):
Example 2:
The entrepreneur “A”, registered in the monthly return registry, submitted a self-assessment for VAT for August 2024 on time with the following result:
In November 2024, “A” realizes that he mistakenly included a sale accrued in September in the August self-assessment. The sales accrued in September had a taxable base of 1,000 and the VAT charged was 100. Business owner “A” must submit a request for rectification of the August 2024 self-assessment. You cannot correct the error by means of a corrective self-assessment since the error affects a period prior to September 2024.
Although from September/third quarter of 2024 corrections of errors or omissions in VAT self-assessments will be made through the submission of a corrective self-assessment, the following are excluded from this new figure:
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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. If this reason is combined with other reasons of a different nature, the taxpayer must file a corrective self-assessment for the latter.
As regards model 303 , the corrective self-assessment involves the introduction of the following modifications :
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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. Its completion is expected to be exceptional.
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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. Includes the assumptions in which, there being no violation of a higher-ranking rule, there is 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.
Regarding the completion of corrective self-assessments of form 303, the following must be taken into account:
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If a refund was requested with the submission of the prior self-assessment and this had not been made at the time of submitting the corrective self-assessment, with the submission of the latter the procedure initiated by submitting the prior self-assessment will be considered to be completed.
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The “Correcting self-assessment” box must be checked (section 5 of page 3 of form 303)
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The supporting document number of the previous self-assessment that is being rectified must be entered (section 5 of page 3 of form 303).
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At least one reason for rectification must be indicated. (section 5 of page 3 of form 303). It is possible to indicate both reasons for rectification in a single corrective self-assessment.
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Box 108 may only be completed when “Administrative criteria discrepancy” is marked as the reason for rectification.
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If box 69 of the previous self-assessment is positive, its amount will be entered in box 70 of the corrective self-assessment. (Result section on page 3 of form 303).
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If box 69 of the previous self-assessment is negative and refund has been requested and obtained, its amount (without a sign) will be entered in box 109 of the corrective self-assessment. (Result section on page 3 of form 303). If the requested refund was not obtained, box 109 would be left blank.
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If box 69 of the previous self-assessment is negative and was left to be offset, box 109 of the corrective self-assessment will be left blank. (Result section on page 3 of form 303).
First corrective self-assessment
Having described the general framework for corrections to self-assessments in the area of VAT , the most common cases are analysed below using examples to help with better understanding. These examples, although they are the most frequent, do not exhaust the casuistry that may arise.
Example 1. Correction to declare higher income.
The taxpayer “X” has submitted and paid on time a self-assessment corresponding to the third quarter of 2024 in which he has declared sales with a global taxable base of 20,000 and to which the rate of 10% is applicable. The deductible VAT incurred for the third quarter included in the self-assessment presents the following detail:
Having submitted the third quarter return and within the declaration period, “X” notices that, by mistake, he has not included in the submitted return a sale with a taxable base of 7,000 taxed at a rate of 10%.
• The self-assessment submitted first would present the following details:
• At the time of noticing the error committed, “X” must submit a corrective self-assessment in which:
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It will include all sales made in the third quarter:
Box 04 Box 05 Sales included in the first self-assessment 20,000 2,000 Sales omitted in the first self-assessment 7000 700 TOTAL 27,000 2,700 -
It will include all deductible fees incurred in September:
Box 28 Box 29 Included in the first self-assessment 5,000 500 -
On page 3 of form 303:
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You must mark in the corrective self-assessment box (page 3 of form 303).
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It is mandatory to enter the proof number of the first self-assessment.
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As a reason for rectification, check the box Rectifications (except those included in the following reason). (It is mandatory to indicate at least one reason for rectification).
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In box 70 you must enter the positive amount from box 69 of the first self-assessment.
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Box 109 will be left blank.
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• The corrective self-assessment would present the following details:
Example 2. Correction to declare a lower income.
Taxpayer “X” has submitted and paid on time a self-assessment corresponding to the third quarter of 2024 declaring sales with a global taxable base of 20,000 and to which the 10% rate is applicable.
The deductible VAT incurred for the third quarter included in the self-assessment presents the following detail:
When completing the third quarter self-assessment, you mistakenly included a sale accrued in the fourth quarter with a taxable base of 3,000 and which is taxed at a rate of 10%.
• The self-assessment submitted first would present the following details:
• At the time of noticing the error committed, “X” must submit a corrective self-assessment in which:
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Will include sales accrued in the third quarter:
Box 04 Box 05 Sales included in the first self-assessment 20,000 2,000 Sales included by mistake in the first self-assessment (3,000) (300) TOTAL 17,000 1,700 -
It will include all deductible fees incurred in the third quarter:
Box 28 Box 29 Included in the first self-assessment 5,000 500 -
On page 3 of form 303:
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You must mark in the corrective self-assessment box (page 3 of form 303).
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It is mandatory to enter the proof number of the first self-assessment.
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As a reason for rectification, check the Rectifications box (except those included in the following reason). (It is mandatory to indicate at least one reason for rectification) .
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In box 70 you must enter the positive amount from box 69 of the first self-assessment.
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Box 109 will be left blank.
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• The corrective self-assessment would present the following details:
• If the taxpayer “X” has paid the amount of the first self-assessment, with the presentation of the corrective self-assessment, the refund of the resulting amount is understood to be requested (box 111 of the corrective self-assessment).
Example 3. Rectification to request a larger refund. (YO).
The taxpayer “X”, registered in the monthly return registry, has submitted on time a self-assessment corresponding to the month of September 2024 declaring sales whose global taxable base is 10,000 and to which the rate of 21% is applicable.
The deductible VAT included in the September self-assessment is detailed as follows:
Submit your tax return on October 10, 2024 with a refund request.
On October 15, 2024, you will receive the requested refund.
On October 20, 2024, “X” notices that the sales declared in the September self-assessment had accrued in October, so he presents the corresponding corrective self-assessment.
• The self-assessment submitted first would have the following details:
• On October 20, 2024, taxpayer “X” submits a corrective self-assessment in which:
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Will not include sales accrued in October. (Consequently, the VAT accrued for the month of September will be zero).
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It will include all deductible fees incurred in September:
Box 28 Box 29 Included in the first self-assessment 30,000 6.300 -
On page 3 of form 303:
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You must mark in the corrective self-assessment box (page 3 of form 303).
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It is mandatory to enter the proof number of the first self-assessment.
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As a reason for rectification, check the Rectifications box (except those included in the following reason). (It is mandatory to indicate at least one reason for rectification).
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Box 70 will be left blank.
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In box 109, enter the amount from box 69 (without sign) of the first self-assessment.
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• The corrective self-assessment would present the following details:
Example 4. Rectification to request a larger refund. (II).
The taxpayer “X”, registered in the monthly return registry, has submitted on time a self-assessment corresponding to the month of September 2024 declaring sales whose global taxable base is 10,000 and to which the rate of 21% is applicable.
The deductible VAT included in the September self-assessment is detailed as follows:
Submit your tax return on October 10, 2024 with a refund request.
On October 20, 2024, having not yet received the requested refund , “X” notices that the sales declared in the September self-assessment had accrued in October, so he presents the corresponding corrective self-assessment.
• The self-assessment submitted first would have the following details:
• On October 20, 2024, taxpayer “X” submits a corrective self-assessment in which:
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Will not include sales accrued in October. (Consequently, the VAT accrued for the month of September will be zero).
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It will include all deductible fees incurred in September:
Box 28 Box 29 Included in the first self-assessment 30,000 6.300 -
On page 3 of form 303:
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You must mark in the corrective self-assessment box (page 3 of form 303).
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It is mandatory to enter the proof number of the first self-assessment.
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As a reason for rectification, check the Rectifications box (except those included in the following reason). (It is mandatory to indicate at least one reason for rectification).
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Box 70 will be left blank.
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Box 109 will be left blank since the refund requested with the first self-assessment has not been received. As a result of the submission of the corrective self-assessment, the refund procedure initiated with the submission of the first self-assessment will be completed.
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• The corrective self-assessment would present the following details:
• If we compare examples 3 and 4, it can be seen that the total refund received by “X” is the same:
| Example 3 | Example 4 | |
|---|---|---|
| I returned postage 1 self-assessment | 4.200 | 0 |
| Refunded amount 2 self-assessment | 2,100 | 6.300 |
| Full refund | 6.300 | 6.300 |
Example 5. Correction to declare a lower refund. (YO).
The taxpayer “X”, registered in the monthly return registry, has submitted on time a self-assessment corresponding to the month of September 2024 declaring sales with a global taxable base of 15,000 and to which the rate of 21% is applicable.
The deductible VAT included in the September self-assessment is detailed as follows:
Submit your tax return on October 10, 2024 with a refund request.
On October 15, 2024, you will receive the requested refund.
On October 20, 2024, the taxpayer "X" notices that he has not included in the September self-assessment a sale accrued in September with a taxable base of 2,000 and taxed at 21%, so he files the corresponding corrective self-assessment.
• The self-assessment submitted first would have the following details:
• On October 20, 2024, taxpayer “X” submits a corrective self-assessment in which:
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It will include all sales accrued in September:
Box 04 Box 05 Included in the first self-assessment 15,000 3.150 Not included by mistake 2,000 420 TOTAL 17,000 3.570 -
It will include all deductible fees incurred in September:
Box 28 Box 29 Included in the first self-assessment 25,000 5.250 -
On page 3 of form 303:
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You must mark in the corrective self-assessment box (page 3 of form 303).
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It is mandatory to enter the proof number of the first self-assessment.
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As a reason for rectification, check the Rectifications box (except those included in the following reason). (It is mandatory to indicate at least one reason for rectification).
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Box 70 will be left blank.
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In box 109, enter the amount from box 69 (without sign) of the first self-assessment.
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• The corrective self-assessment would present the following details:
Example 6. Correction to declare a lower refund. (II).
The taxpayer “X”, registered in the monthly return registry, has submitted on time a self-assessment corresponding to the month of September 2024 declaring sales with a global taxable base of 15,000 and to which the rate of 21% is applicable.
The deductible VAT included in the September self-assessment is detailed as follows:
Submit your tax return on October 10, 2024 with a refund request.
On October 20, 2024, not having yet received the requested refund, “X” notices that he has not included in the September self-assessment a sale accrued in September with a taxable base of 2,000 and taxed at 21%, for which reason he submits the corresponding corrective self-assessment.
• The self-assessment submitted first would have the following details:
• On October 20, 2024, taxpayer “X” submits a corrective self-assessment in which:
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It will include all sales accrued in September:
Box 04 Box 05 Included in the first self-assessment 15,000 3.150 Not included by mistake 2,000 420 TOTAL 17,000 3.570 -
It will include all deductible fees incurred in September:
Box 28 Box 29 Included in the first self-assessment 25,000 5.250 -
On page 3 of form 303:
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You must mark in the corrective self-assessment box (page 3 of form 303).
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It is mandatory to enter the proof number of the first self-assessment.
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As a reason for rectification, check the Rectifications box (except those included in the following reason). (It is mandatory to indicate at least one reason for rectification).
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Box 70 will be left blank.
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Box 109, will be left blank since the refund requested with the first self-assessment has not been received. As a result of the submission of the corrective self-assessment, the refund procedure initiated with the submission of the first self-assessment will be completed.
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• The corrective self-assessment would present the following details:
If examples 5 and 6 are compared, it can be seen that the total refund actually received by “X” is the same.
| Example 5 | Example 6 | |
|---|---|---|
| Refunded amount 1 self-assessment | (2.100) | 0 |
| Refunded amount 2 self-assessment | 0 | (1,680) |
| Amount entered | 420 | 0 |
| Full refund | (1,680) | (1,680) |
Example 7. Correction to declare a lower balance to be offset. (YO).
The taxpayer “X” has submitted on time a self-assessment corresponding to the third quarter of 2024 declaring sales with a global taxable base of 75,000 and to which the rate of 21% is applicable.
The deductible VAT included in the self-assessment for the third quarter of 2024 presents the following detail:
Submit self-assessment to be offset on October 10, 2024.
On October 20, 2024, “X” notices that it has not included in the third quarter self-assessment a sale accrued in September with a taxable base of 20,000 and taxed at 21%, so it files the corresponding corrective self-assessment.
• The self-assessment submitted first would have the following details:
• On October 20, 2024, taxpayer “X” submits a corrective self-assessment in which:
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It will include all sales accrued in the third quarter:
Box 04 Box 05 Included in the first self-assessment 75,000 15.750 Not included by mistake 20,000 4.200 TOTAL 95,000 19.950 -
It will include all deductible fees incurred in the third quarter:
Box 28 Box 29 Included in the first self-assessment 125,000 26.250 -
On page 3 of form 303:
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You must mark in the corrective self-assessment box (page 3 of form 303).
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It is mandatory to enter the proof number of the first self-assessment.
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As a reason for rectification, check the Rectifications box (except those included in the following reason). (It is mandatory to indicate at least one reason for rectification).
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Box 70 will be left blank.
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Box 109 will be left blank.
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• The corrective self-assessment would present the following details:
Example 8. Correction to declare a higher balance to be offset. (II).
The taxpayer “X” has submitted on time a self-assessment corresponding to the third quarter of 2024 declaring sales with a global taxable base of 75,000 and to which the rate of 21% is applicable.
The deductible VAT included in the self-assessment for the third quarter of 2024 presents the following detail:
Submit self-assessment to be offset on October 10, 2024.
On October 20, 2024, “X” notices that half of the sales declared in the third quarter self-assessment have been accrued in October 2024, so it files the corresponding corrective self-assessment.
• The self-assessment submitted first would have the following details:
• On October 20, 2024, taxpayer “X” submits a corrective self-assessment in which:
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It will include all sales accrued in the third quarter:
Box 04 Box 05 Included in the first self-assessment 75,000 15.750 Included by mistake (37,500) (7.875) TOTAL 37,500 7.875 -
It will include all deductible fees incurred in September:
Box 28 Box 29 Included in the first self-assessment 125,000 26.250 -
On page 3 of form 303:
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You must mark in the corrective self-assessment box (page 3 of form 303).
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It is mandatory to enter the proof number of the first self-assessment.
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As a reason for rectification, check the Rectifications box (except those included in the following reason). (It is mandatory to indicate at least one reason for rectification).
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Box 70 will be left blank.
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Box 109 will be left blank.
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• The corrective self-assessment would present the following details:
Second corrective self-assessment
The above assumptions, representative of the most common cases, are all characterized by the existence of an original self-assessment and a single corrective self-assessment. Below are several examples where there is one original self-assessment and two corrective self-assessments.
For the resolution of cases with two rectifications, the same rules apply as for cases with a single rectification, with the following particularities:
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If the result of the two corrective self-assessments is a refund and the refund procedure initiated with the first self-assessment has not been resolved, the presentation of the second corrective self-assessment will result in the end of the same. This is the result of the provisions of letter b) of article 74 bis 4 of RIVA which establishes that if a refund had been requested with the presentation of the prior self-assessment and this had not been made at the time of presenting the corrective self-assessment, with the presentation of the latter the procedure initiated by presenting the prior self-assessment will be considered to be completed.
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As a consequence of the above, if the result of the two corrective self-assessments is to be refunded and the refund procedure initiated with the first self-assessment has not been resolved, box 69 to be considered for the purposes of completing the second corrective self-assessment will be the one corresponding to the first self-assessment, so that:
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If the amount in box 69 of the original self-assessment is positive, it will be entered in box 70.
- If the amount in box 69 of the original self-assessment is negative and the refund has been received, it will be recorded in box 109 without a sign. If the refund has not been received, box 109 will be left blank.
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Example 1. Two corrective self-assessments with a request for a refund of a self-assessment with payment made
• Taxpayer “X”, registered in the monthly return registry, has submitted and paid on time a self-assessment corresponding to September 2024 with the following result:
• Subsequently, he notes that he mistakenly included in the September self-assessment sales accrued in October with a taxable base of 15,000 and taxed at 10%, so he presents a corrective self-assessment with the following result:
The presentation of this first corrective self-assessment has the following effects for the taxpayer "X":
You will receive a refund of 1,500, of which 500 derive from the tax regulations and 1,000 corresponds to a refund for undue income derived from the self-assessment submitted in the first place.
• Subsequently, after submitting the first corrective self-assessment, the taxpayer “X” notices another error in his September self-assessment (he has not included deductible quotas amounting to 300 that have been borne in September), and submits a second corrective self-assessment. In this case, we distinguish two possible situations:
In both cases the same result is obtained:
Case a)
| Original autoliq. | 1 Rectifying autoliq. | 2 Rectifying autoliq. | Total | |
|---|---|---|---|---|
| Deposit | 1,000 | - | - | 1,000 |
| Regulatory return of the tax | - | (500) | (300) | (800) |
| Refund of undue income | - | (1,000) | - | (1,000) |
Case b)
| Original autoliq. | 1 Rectifying autoliq. | 2 Rectifying autoliq. | Total | |
|---|---|---|---|---|
| Deposit | 1,000 | - | - | 1,000 |
| Regulatory return of the tax | - | - | (800) | (800) |
| Refund of undue income | - | - | (1,000) | (1,000) |
Example 2. Two corrective self-assessments with a returnable result from a previous self-assessment with deferred or split payment and without any payments made
• Taxpayer “X”, registered in the monthly return registry, has submitted a self-assessment corresponding to September 2024 on time with the following result:
• Taxpayer “X” requests the deferral of the debt to be paid and before making any payment, notices that he mistakenly included in the September self-assessment sales accrued in October with a taxable base of 15,000 and taxed at 10%, and submits a corrective self-assessment with the following result:
• The presentation of this corrective self-assessment has the following effects for the taxpayer "X":
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You will receive a refund of 500 (box 73) under the tax regulations.
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The outstanding debt of 1,000 arising from the self-assessment submitted in the first place will be cancelled.
• Subsequently, after submitting the corrective statement, the taxpayer “X” notices another error in his September self-assessment (he has not included deductible quotas amounting to 300 that have been borne in September) and submits a second corrective self-assessment. At the time of filing this second corrective self-assessment, we distinguish two possible situations:
In both cases the same result is obtained:
Case a)
| Original autoliq. | 1 Rectifying autoliq. | 2 Rectifying autoliq. | Total | |
|---|---|---|---|---|
| Deposit | - | - | - | - |
| Regulatory return of the tax | - | (500) | (300) | (800) |
| Refund of undue income | - | - | - | - |
And in addition, the first rectification will have resulted in a debt cancellation of 1,000.
Case b)
| Original autoliq. | 1 Rectifying autoliq. | 2 Rectifying autoliq. | Total | |
|---|---|---|---|---|
| Deposit | - | - | - | - |
| Regulatory return of the tax | - | - | (800) | (800) |
| Refund of undue income | - | - | - |
And in addition, the second rectification will have resulted in a debt cancellation of 1,000.
Example 3. Two corrective self-assessments with a returnable result from a previous self-assessment with deferred or split payment and with payments made
• Taxpayer “X”, registered in the monthly return registry, has submitted a self-assessment corresponding to September 2024 on time with the following result:
• The taxpayer “X” requests the fractionation of the debt to be paid when he has already paid 400 derived from the fractioned debt (1,000), he notices that by mistake he included in the September self-assessment sales accrued in October with a taxable base of 15,000 and taxed at 10%, and presents a corrective self-assessment with the following result:
• The presentation of this corrective self-assessment has the following effects for the taxpayer "X":
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You will receive a refund of 500 (box 73) under the tax regulations.
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When "X" submits the corrective self-assessment, of the debt of 1,000 derived from the self-assessment submitted in the first place, 400 has already been paid and 600 is deferred, so the submission of this corrective self-assessment has the following effects:
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The deferred debt of 600 pending payment will be cancelled.
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"X" will receive a refund for undue income (with the corresponding late payment interest) of 400.
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• Subsequently, after submitting the corrective statement, the taxpayer “X” notices another error in his September self-assessment (he has not included deductible quotas amounting to 300 that have been borne in September), and submits a second corrective self-assessment. At the time of filing this second corrective self-assessment, we distinguish two possible situations:
In both cases the same result is obtained:
Case a)
| Original autoliq. | Division | 1 Rectifying autoliq. | 2 Rectifying autoliq. | Total | |
|---|---|---|---|---|---|
| Deposit | - | 400 | - | - | 400 |
| Regulatory return of the tax | - | - | (500) | (300) | (800) |
| Refund of undue income | - | - | (400) | - | (400) |
And in addition, the first rectification will have caused a debt cancellation of 600.
Case b)
| Original autoliq. | Division | 1 Rectifying autoliq. | 2 Rectifying autoliq. | Total | |
|---|---|---|---|---|---|
| Deposit | - | 400 | - | - | 400 |
| Regulatory return of the tax | - | - | - | (800) | (800) |
| Refund of undue income | - | - | - | (400) | (400) |
And in addition, the second rectification will have caused a debt cancellation of 600.
Example 4. Two corrective self-assessments with a result to be returned from a previous self-assessment with payment made
• Taxpayer “X”, registered in the monthly return registry, has submitted and paid on time a self-assessment corresponding to September 2024 with the following result:
• Subsequently, he notes that he mistakenly included in the September self-assessment sales accrued in October with a taxable base of 8,000 and taxed at 10%, and presents a corrective self-assessment with the following result:
• As a result of the submission of this corrective self-assessment, the taxpayer "X" will receive a refund for undue income of 800 (box 111).
• Subsequently, the taxpayer “X” after submitting the corrective statement notices another error in his September self-assessment (he has included sales accrued in October with a taxable base of 5,000 and taxed at 10%) and submits a second corrective self-assessment. At the time of filing this second corrective self-assessment, we distinguish two possible situations:
In both cases the same result is obtained:
Case a)
| Original autoliq. | 1 Rectifying autoliq. | 2 Rectifying autoliq. | Total | |
|---|---|---|---|---|
| Deposit | 1,000 | - | - | 1,000 |
| Regulatory return of the tax | - | - | (300) | (300) |
| Refund of undue income | - | (800) | (200) | (1,000) |
Case b)
| Original autoliq. | 1 Rectifying autoliq. | 2 Rectifying autoliq. | Total | |
|---|---|---|---|---|
| Deposit | 1,000 | - | - | 1,000 |
| Regulatory return of the tax | - | - | (300) | (300) |
| Refund of undue income | - | - | (1,000) | (1,000) |
Corrective self-assessment of a self-assessment with deferral of VAT on imports
Example 1. Correction to declare a higher income from a self-assessment with deferral of VAT on imports
The taxpayer “X”, who pays taxes exclusively to the Basque Country Provincial Administration and is registered in the monthly return registry, has opted for the deferral regime for VAT on imports, therefore submits and pays on time a self-assessment corresponding to the month of October 2024 in which he declares an import VAT paid to Customs of 6,300 corresponding to purchases made in Japan for an amount of 30,000 at a rate of 21%.
• The self-assessment for the month of October presents the following detail:
• Having submitted the self-assessment for the month of October within the declaration period, the taxpayer “X” notices that, by mistake, he has not included in the self-assessment submitted an import VAT paid at Customs of 2,100 corresponding to purchases made in Canada for an amount of 10,000 at a rate of 21%.
Therefore, at the time of noticing the error committed in the self-assessment declaration, “X” must submit a corrective self-assessment in which:
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It will include all import VAT paid to Customs: 8,400 (6,300 + 2,100)
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On page 3 of form 303:
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You must mark in the corrective self-assessment box (page 3 of form 303).
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It is mandatory to enter the proof number of the first self-assessment.
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As a reason for rectification, check the box Rectifications (except those included in the following reason). (It is mandatory to indicate at least one reason for rectification).
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In box 70 you must enter the positive amount from box 69 of the first self-assessment.
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Box 109 will be left blank.
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• The corrective self-assessment would present the following details:
Example 2. Correction to declare a lower income from a self-assessment with deferral of VAT on imports
The taxpayer “X”, who pays taxes exclusively to the Basque Country Provincial Administration and is registered in the monthly return registry, has opted for the deferral regime for VAT on imports, therefore submits and pays on time a self-assessment corresponding to the month of October 2024 in which he declares an import VAT paid to Customs of 6,300 corresponding to purchases made in Japan for an amount of 30,000 at a rate of 21%.
• The self-assessment for the month of October presents the following detail:
• Having submitted the self-assessment for the month of October within the declaration period, the taxpayer “X” notices that, by mistake, he has included in the self-assessment submitted an import VAT of 4,200 that has not yet been settled by Customs corresponding to purchases made in Canada for an amount of 20,000 at a rate of 21%.
Therefore, at the time of noticing the error committed in the self-assessment declaration, “X” must submit a corrective self-assessment in which:
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It will include all import VAT paid to Customs: 2,100 (6,300 - 4,200)
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On page 3 of form 303:
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You must mark in the corrective self-assessment box (page 3 of form 303).
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It is mandatory to enter the proof number of the first self-assessment.
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As a reason for rectification, check the box Rectifications (except those included in the following reason). (It is mandatory to indicate at least one reason for rectification).
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In box 70 you must enter the positive amount from box 69 of the first self-assessment.
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Box 109 will be left blank.
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• The corrective self-assessment would present the following details:
Note: The taxpayer “X” at the time of filing the corrective self-assessment had already made a payment of 6,300. As a result of the correction, “X” only has to pay 2,100, so he/she will have to receive a refund of 4,200 for undue income derived from the first self-assessment (box 111).
Administrative criteria discrepancy
Example 1. Rectification due to discrepancy in administrative criteria using box 108
Taxpayer “X”, subject to the special cash basis regime, sells to “Z” on September 15, 2024, 1,000 liters of sunflower oil at a price of 1 euro/liter, VAT not included.
“Z” pays the amount of the previous transaction on October 15, 2024.
In addition to the above transaction, in the fourth quarter of 2024 “X” made sales on a cash basis for an amount of 5,000 excluding VAT, to which the rate of 7.5% is applicable, of which it collected half in the fourth quarter.
• For the sale of September 2024, “X” will have declared in the third quarter model 303:
According to the criteria of the Tax Administration (1), the rate applicable to the sale on September 15 is 7.5%, since it is the rate in effect on the accrual date of the transaction. Form 303 for the fourth quarter of 2024 does not allow the declaration of operations at the 5% rate.
However, “X” does not agree with the previous administrative criterion, since he considers that the 5% rate, which was in force at the time the goods were delivered, is applicable to the sale of September 15.
• In order to declare the sale of September 15 at 5% in the fourth quarter, as form 303 for said quarter does not allow declaring operations at this tax rate, “X” must submit a first self-assessment, which will include the operation of September 15 at the rate of 7.5%, with the following details:
Once the previous self-assessment has been submitted, “X” must submit a corrective self-assessment in which:
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On page 3 of form 303:
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You must mark in the corrective self-assessment box (page 3 of form 303).
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It is mandatory to enter the proof number of the first self-assessment.
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As a reason for rectification, check the box Rectifications (except those included in the following reason). (It is mandatory to indicate at least one reason for rectification).
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In box 70 you must enter the positive amount from box 69 of the first self-assessment.
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Box 109 will be left blank.
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In box 153, enter the taxable base for cash sales made and paid in the fourth quarter.
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In box 155, enter the amount corresponding to cash sales made and paid in the fourth quarter.
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In box 108, enter the accrued fee for the sale on September 15, applying the 5% rate.
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The corrective self-assessment will present the following details:
(1) The article 90. Two of the LIVA points out that:
“The tax rate applicable to each transaction will be the one in force at the time of accrual.”
For its part article 163 terdecies of the LIVA establishes that:
"One. In the operations to which this special regime is applicable, the Tax will be accrued at the time of total or partial collection of the price for the amounts actually received or, if this has not occurred, the accrual will occur on December 31 of the year immediately following the year in which the operation was carried out.
For these purposes, proof must be provided of the time of collection, in whole or in part, of the price of the transaction.”
According to these articles, the applicable rate will be the one in force at the time of collection, that is, the new rate of 7.5%.