Spain VAT Guide

Introduction

Spain has adopted the EU-wide VAT legislation introduced to harmonize the VAT principles of all EU Member States and remove conflicts. Thus, most Spain VAT rules align with EU VAT Directive 2006/112/EC.

Should you collect VAT in Spain?

If you are involved in any taxable transaction listed below, you must collect the VAT in Spain:

1. Supply of Goods: Supply of goods means transferring the right to dispose of a tangible property as owner.
2. Intra-EU acquisition: Acquiring or purchasing goods within Spain from another EU Member State as a VAT-registered person (typically known as the Reverse Charge Mechanism).
3. Supply of Services: Supply of services covers any transaction not covered in the supply of goods.
4. Import of Goods: Any transaction that imports goods from a non-EU state to an EU Member State.

For more details, please visit the Spain VAT legislation. Additionally, as the VAT laws of most EU Member States are harmonized with the overall EU VAT law (i.e., Directive 2006/112/EC), you can refer to Articles 14-30 of the EU tax directive for detailed information on taxable transactions.

When should you register for VAT in Spain?

As a general principle, the VAT is a destination-based tax (owing to place of supply rules – discussed separately in the One Stop Shop article), which means every person (whether registered anywhere or not) must register for VAT when making any taxable sales into Spain. The following transactions would require a VAT registration in Spain:

• Supply of Goods or Services in Spain to non-taxable persons: Seller must register in Spain and pay VAT only if they have not opted for One Stop Shop (see Notes 1 and 2 below).
• Supply of Services in Spain to a taxable person: The recipient of services must register and pay VAT in the country if the supplier is not established in Spain (under Article 196 of the EU VAT Directive (pg.39)).
• B2B Acquisition of Goods: Where the goods are sold by a taxable person from any EU Country to a taxable person in Spain, the buyer should register for Spain VAT (reverse charge basis under Article 197 of EU VAT Directive (pg. 39)).
• Import of Goods in Spain: The importer must pay and register for VAT (if not covered in the Import One Stop Shop–see our OSS article for details).
• Export of Goods/ Services: Exporting goods/ services to non-EU countries would require a VAT number.

Important Note 1: When you supply goods from other EU Member States to Spain, you must register for Spain VAT only if your total annual sales (goods/ services) in the EU are more than EUR 10,000; otherwise, they should be taxed in the supplier’s member state. This is based on the EU-wide VAT threshold specified for TBE services and distance sale of goods. For more details, please refer to our EU One Stop Shop Article, which contains information about the EU-wide VAT threshold and distance sale of goods.

Important Note 2: If you have opted for EU One Stop Shop registration, you are no longer required to register separately for Spain VAT. One Stop Shop applies to the B2C sales made by taxable persons from other EU countries to Spain of over EUR 10,000 and the import of goods in Spain below EUR 150. Visit our EU One Stop Shop article for more details.

“Example 1: Company A, a Spain-based company, sells goods to a non-taxable buyer B in Spain. Company A’s total annual sales exceed EUR 10,000 in the EU, excluding sales in Spain.

Company A must either register for Spain VAT (if it does not opt to register for One Stop Shop) or the One Stop Shop.”

Spain VAT Threshold Summary

To read the official guidance, visit the Spain VAT legislation.

How can you Register for VAT in Spain?

To register for VAT in Spain, you must submit a VAT registration form through mail to your responsible tax office. The application can be processed in a couple of weeks. The following details must accompany the VAT application:

• Name, address, and nature of business.
• Details of Offices/ facilities including branches, warehouse, etc.
• Bank Account details.
• If a Company is registered elsewhere (or in another EU Member State), the tax office and VAT number under which the Company is registered must be provided.
• Articles of Association.
• Certificate of Incorporation.
• VAT Certificate.
• Power of Attorney when appointing a fiscal representative in Spain.

Kindly visit the official website of the Spain Tax Authority for application forms and additional information about registration in Spain. Sometimes, the registration process may involve cumbersome formalities, so you can use TaxDo’s streamlined software and not have to go anywhere else. Just fill out the required information on our software, and we will do the rest.

How should you collect and calculate VAT in Spain?

VAT is generally charged on a destination-based principle (see the place of supply rules described in the OSS Article), which includes all taxable transactions (described earlier in this article) except those otherwise exempt; thus, the VAT Rate is applied to any sales made to Spain.

VAT Rates

You must charge the VAT Rate of 21%, other than the products/ services you are supplying that are covered under the reduced rates of 10% and 4%. Below is an illustrative list of items covered under the reduced VAT Rates:

Read Article 91 of the Spain VAT legislation for complete list of reduced-rate goods/ services. Alternatively, the VAT rates in Spain are available here on the EU Commission website.

Certain conditions may apply to the reduced rates, where things get trickier. TaxDo is here for you! Our experts are well-equipped with VAT laws and will resolve all your concerns.

Below is the simple formula you can use to calculate your VAT collection on each merchandise/ service sold:

VAT collectible = Sale value * (Standard Rate or reduced Rate as may be applicable)

Digital Products/ Services

Digital Products are those stored, used, or delivered in electronic format or any such form. Spain VAT must be applied for such digital products since the Spanish VAT laws align with EU VAT rules.

The digital products include the following:

• E-books, images, newspapers, movies, periodicals, videos, etc.
• Software-as-a-Service (SaaS), Platform-as-a-Services (PaaS) or Infrastructure-as-a-Service (IaaS).
• Online ads and affiliate marketing.
• Websites, site hosting services, and internet service providers.

Few of above are covered under a reduced VAT Rate. For instance, newspapers, books, magazines in electronic format are taxed at 4%. For more information on reduced rates, refer to the previous section of this article.

VAT Exemptions

The legislation provides certain exemptions from the VAT under Article 7 of the Spain VAT legislation, such as:

• Free deliveries of sample goods.
• The delivery of goods and provision of services are carried out directly by Public Administrations.
• Deliveries of printed materials or advertising objects without compensation.
• Supply of goods to an entrepreneur for his business (B2B).
• Administrative concessions and authorizations. 

Please visit the official guidance to see what exemptions are covered.

B2B and Reverse Charge Mechanism in Spain?

A taxable person from another EU Member State selling the goods/ services to a VAT-registered person in Spain, the transaction is considered a B2B Intra-Community supply, and the seller is not required to charge the VAT on an invoice raised to the buyer. Instead, the Spanish buyer will account for VAT on the intra-community acquisition (under the reverse charge mechanism). In the VAT return, the buyer will calculate the input VAT on purchase from another state and show the output VAT for the same amount, allowing him to adjust the tax liability, resulting in a zero VAT payment. Reverse charge is applied under Articles 196 & 197 of the EU VAT Directive.

The same principle will apply when a taxable person from another EU Member State maintains a warehouse in Spain and transfers his goods. The seller will need a VAT number in Spain and should account for VAT as an Intra-Community acquisition under the reverse charge. He will show the deemed purchase (input VAT) and deemed sale (output VAT) when filing the return in Spain, leading to zero tax being paid.

“Example 2: Company A in France sells goods in Europe. For this purpose, it has set up a warehouse in Spain. It transfers the goods from France to the Spain Warehouse and sells them in Spain.

Company A must register and account for Spain VAT on the stock transfer (considered an Intra-community B2B acquisition). While filing the VAT return in Spain, Company A will show the input VAT on the intra-community acquisition and report the output VAT for the same amount. This way, the VAT liability would become zero on the stock transfer. Later, Company A must charge and pay Spain VAT for goods sold to consumers in Spain.

Should you appoint a fiscal representative in Spain?

You must appoint a fiscal representative when you do not have an establishment, registered office, or branch office in the EU and carries out any VAT-exempted or taxable transaction in the country, however it is optional for businesses based in another EU Member State.

The appointed fiscal representative shall require a power of attorney from the taxable person registered in another EU Member State.  

Fiscal representative appointment and carrying out the transaction may be complex, as any defaults can attract heavy fines and penalties. TaxDo can help you by appointing a fiscal representative and handling all the duties, as we work with leading tax partners in Europe, so we can find it easily.

To learn more about the duties and responsibilities of a fiscal representative, read Article 164 of the Spanish VAT legislation.

How should you file VAT in Spain?

The VAT declaration frequency in Spain is as follows:

For more information, refer to the official website of the Spain VAT legislation (Articles 163 and 80).

Depending on your filing frequency, you must file your VAT return in Spain by the 20^th of the month following the reporting period, except for the VAT return of the last quarter, which must be filed by 30 January of the following year. Filing dates are sometimes extended in exceptional circumstances through a notification by the Spanish tax authority.

Note: If your tax due date is a holiday or weekend, the next business day would be considered the final due date.

You can file the VAT return in Spain through the online portal or using TaxDo’s specialized software, which seamlessly files, calculates, and reports your taxes. Additionally, if you are selling to other EU Member States and opted for One-Stop-Shop, you must file an OSS return. Refer to our OSS article for further details.

Are there any fines or penalties for default when filing or paying VAT?

The legislation levies a penalty of up to EUR 200 for late or non-filing VAT returns.

Similarly, if you pay after the due date, the penalty is 50% to 150% of the tax due.

Interest is also chargeable as per applicable rates.

However, assigning your tax burden to TaxDo would not result in you paying any penalty or interest. We will adhere to the due dates. Please review the guidelines Spain issued for penalties and interest.

VAT Invoice in Spain

A VAT invoice is a testament to how much VAT is charged and collected and evidence of the B2B/B2C supply basis for applying the other rules. Accordingly, the Spain VAT invoice must include the following information:

• Business Name and Address of buyer and seller.
• Business VAT number issued to the supplier.
• Date of issue.
• Quantity and type (customary trade name) of the goods supplied or the scope and nature of the other service.
• Time of delivery or other service.
• The applicable VAT rate and the amount of tax are attributable to the consideration.

For more details, refer to Article 165 of Spain’s VAT legislation.

Important Note 3: For any sales made to a country outside Spain, you must convert the amounts to your official currency. For this purpose, you can use the European Central Bank’s official exchange Rates.

Keeping Records: You must keep the VAT records for at least ten years under Article 369 of the EU VAT Directive.

Zero VAT territory in Spain – The likes ofthe Canary Islands, Ceuta, and Melilla do not come under the purview of VAT rules. Thus, any products/ services received from these territories are considered Imports from outside the EU, whereas any sale to these territories is treated as exports, leading to zero VAT. TaxDo will guide you best, as our experts have immense experience and knowledge handling such territories. You may read the other provisions concerning these regions by visiting the Spain VAT legislation. Below is the structure of VAT rates in these territories: