Information and declaration of operations with the new types of VAT equivalence surcharge

With effect from 1 January 2023, the Sixteenth Additional Provision of Royal Decree-Law 1/2023, of 10 January, on urgent measures regarding incentives for the hiring of labour and improvement of social protection for artists, establishes that the rate of the equivalence surcharge applicable to the Value Added Tax on the operations referred to in section 2 of article 1 and the fourth paragraph of section 1 of article 72 of Royal Decree-Law 20/2022, of 27 December, on measures in response to the economic and social consequences of the War in Ukraine and in support of the reconstruction of the island of La Palma and other situations of vulnerability, will be 0.62 percent , applying during the validity of said provisions.

This new type of equivalence surcharge, together with the 0 percent equivalence surcharge, will be technically implemented as follows:

1. Form 303.  

   In order to enable the declaration of transactions taxed with the new rates of equivalence surcharge, for self-assessments corresponding to 2023 the technical specifications of model 303 are modified so that:

   • Boxes 16 and 18 of Form 303 must include the tax bases and rates corresponding to transactions taxed at the equivalent surcharge rate of 0.62%.

   • Boxes 16 and 18 of Form 303 must include the tax bases and rates corresponding to transactions taxed with the 0% equivalence surcharge rate.

   • In the event that a single self-assessment must simultaneously include transactions at the equivalent surcharge rates of 0%, 0.5% and 0.62%, the sum of the BI corresponding to all rates must be included in box 16 of form 303, the sum of the quotas corresponding to all rates must be included in box 18 of form 303, and the rate corresponding to the highest quota must be indicated in box 17 of form 303.

2. Form 322.

   In order to enable the declaration of transactions taxed with the new types of equivalence surcharge, for the self-assessments corresponding to 2023 the technical specifications of the models 322 are modified so that:

   • In the boxes reserved for “Equivalence surcharge” the taxable bases taxed, where applicable, at the rates of 0%, 0.5%, 0.62%, 1.4%, 5.2% and 1.75%, the applicable rate and the resulting quotas will be recorded.

   • If it is essential to use boxes to declare more than four types of surcharge simultaneously, operations at rates of 0%, 0.5% and 0.62% will be recorded in a single box for Taxable Base and Rate, respectively, and the box for Rate will record the one corresponding to the highest rate.

3. Immediate Supply of Information (SII).

   In order to allow the reporting of invoices that document operations taxed with the new types of equivalence surcharge, the validations of the register books of invoices issued and received kept through the Electronic Office (SII) will be modified, admitting the surcharge rates of 0% and 0.62% if the Operation date ≥ January 1, 2023 (with the time limits provided for each of the surcharge types).

   In the coming days, a new version of the validations document "Validations and Errors Document" will be published in the "Technical Information" section of the "SII - Immediate Supply of VAT Information" portal. These validations will be implemented on January 16th.

   In the event that an invoice has been issued with a surcharge of 0.625%, regardless of the corrective invoice that applies (issued due to replacement or differences), a single billing record may be sent with the surcharge rate of 0.62%.