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Who is required to register VAT?

Companies which:

• import goods to Spain,
• sell or purchase goods in Spain,
• sell goods online directly to Spanish consumers,
• store goods in Spain with the purpose of further resale,
• organize live events in Spain, such as shows, conferences, etc.

In accordance with Spanish regulations, in order to register VAT, a company must complete a relevant form in Spanish and file it along with the following documents:

• confirmation of VAT registration in the country of origin,
• the company’s articles of partnership or articles of association,
• copy from the national commercial register,
• declaration that the company does not have a registered office in Spain,
• power of attorney in notarial writing for a fiscal representative.

Foreign entities whose annual sales value for the last year has not exceeded EUR 6,000,000, are required to file VAT declarations on a quarterly basis. However, if the value exceeds this amount, declarations should be filed on a monthly basis. In both cases, an annual declaration is obligatory. The deadline for VAT declarations and payment to the tax office is the 20th day of the month following the closing of the reporting period. Annual declarations are to be submitted by the 31st of January the following year.

Penalties for infringements of VAT regulations fall between 20% and 200% of the outstanding VAT amount. Moreover, delay in payment may result in interest charges (most commonly amounting to 5% per month).

Foreign entities conducting business activities in Spain must also abide by local regulations concerning, among others, invoicing and archiving of bill and registers for 10 years.

There’s an obligation of having a digital certificate, which is renewed every 2 years. The certificate not only is an obligation, but also it is necessary, if a taxpayer wants to communicate with the Spanish Tax Authorities.