When the tenant stops paying the rent of a premises, the owners usually make various mistakes, such as:
(To make matters worse, the one that benefits is the tenant, who can indeed deduct the VAT due and charge the expense as deductible in their activity).
The leasing contract, as long as it is not terminated by a court judgment and eviction, or by written agreement between the parties, will remain in force. The contract cannot be unilaterally terminated, and you cannot stop issuing invoices.
Article 80. Four of the Spanish VAT Law 37/92 and Article 24 of its Regulation establish some requirements in order to recover the VAT paid to the Inland Revenue and not collected.
For VAT purposes, it will be considered an uncollectible credit when the following requirements are met:
Following the aforementioned period of six months, or one year, a second period of three months is opened to issue the corresponding rectifying invoice (credit) in which the output VAT is fully or partially cancelled. There is nothing to prevent us from rectifying several invoices at once, for the purpose of recovering the VAT payments, reducing time and formalities if we control the deadlines very well.
Once the rectifying invoice has been issued, we must send it to the tenant. It is important that you have justification that the tenant has received said invoice, por example via burofax (official certified fax sent through the Post Office).
From the date of issue of the rectifying invoice, a third period of one month is opened to notify the tax authorities of said change. This notification must be made electronically through the Spanish Tax Office’s website and using a form provided for such purpose, for which a digital certificate is a prerequisite.
In this case, it will depend on the following:
If you have lodged a court claim and you reach an agreement with the other party that you are dropping said judicial action because they are paying you the amounts, then you must issue invoices for those amounts within one month of dropping the judicial action or collection agreement.
If you file a judicial action and obtain an award, you will not have to issue invoices.
It’s not all lost. Let us explain:
We must separate the effects on VAT from the effects on Corporate Tax or Personal Income Tax (hereafter “IRPF“):
The balances of bad debts provided that this circumstance is sufficiently justified. This requirement shall be deemed to have been met:
If you have any doubts regarding this topic, we recommend that you contact reliable professionals, lawyers and economists who are experts in tax regulations. At Ruiz Ballesteros we will be happy to help.
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