A problem that affects a multitude of companies and freelancers is the default by its customers . But the drink can be made less bitter if, at least, we avoid the fiscal impact of the problem. That is, if we recover the VAT that we accrue (and even enter the Tax Agency) by issuing the invoice to our clients. In short, avoid, as it would be said colloquially, to be “cuckold and beaten.”
Next we offer everything related to compensate for VAT quotas, as collected
- Moors with judicially claimed debts or by means of a notarial requirement (art. 80.4 liva).
- Mobar clients in a situation of creditors (art. 80.3 liva).
Exceptions to the modification of the tax base
In both cases, the supposed volunteers of modification of the tax base collect the following exceptions. In this sense, the modification of the tax base does not proceed in the following cases:
- enjoy real guarantees.
- Debts endorsed by banking entities, insurance contracts or caution.
- When the debtor is not established in the VAT application territory, or in the Canary Islands, Ceuta or Melilla.
- Debts between people or linked entities.
1. IMPONIBLE BASE MODIFICATION
will be mandatory to modify the taxable basis is that the credit is totally or partially uncollectible.
To do this, it will be requirements that have elapsed a year from the accrual of the tax impact without the collection of all or part of the credit derived from it.
Although, in the case of uncollectible credits, SMEs may modify the tax base after 6 months or may wait for the general period of 1 year that is required for the rest of companies and entrepreneurs who do not have the condition SME.
requirements for operation
- In the first place, it is necessary to issue a rectifying invoice, which must replace the unpaid. Must be sent to the debtor.
- Also, this operation must be in the book registration of invoices issued.
- Finally, within a maximum period of one month of the issuance of the rectifying, you must communicate to the AEAT.
What is a rectifying invoice?
A rectifying invoice is identical to the original invoice that has been unpaid, with the figure of the negative amount and where it is stated that it is a “rectificive” invoice.
It is always recommended that the rectifiable invoices are sent by means that subsequently allow to prove that said invoice has been sent to the debtor if its verification is necessary. Therefore, it is advised to send said document by certified mail, notarial shipping, bureaux, etc.
2. Debtor in a situation of creditors
If the non -payment of operations entered into bankruptcy proceedings has occurred, the Value Added Tax (LIVA) Law determines that the tax base can be reduced when the recipient of the operations subject to VAT, has not made the payment effective of the quotas impact and there is a bankruptcy procedure against him.
The deadline to be able to make this modification of the tax base is 3 months.
If you need more information, you can contact our team in info@verumasesores.com.
