Form 360 is made available by the Tax Authorities (Hacienda) as a voluntary tax filing option. This document is designed for professionals and entrepreneurs within the European Union, allowing them to recover the VAT paid on purchases of goods and services made in countries other than their country of residence. Form 360 facilitates the VAT refund process, helping to optimise the financial management of companies which operate internationally.
Tax and Accounting Specialist
The minimum sum required to file this form is €50 (this threshold is quarterly; there is another annual threshold). It is important to note that it is not compulsory to file this form, i.e. there is no legal obligation to do so. However, it is advisable when the sum is above a certain amount, as it allows you to apply for a VAT refund on purchases made outside the national territory. This option allows you to control your expenses without incurring foreign VAT, which helps to maintain the financial health of your company.
There are two possible filing deadlines, depending not on personal preference, but on the sum.
Form 360 can be filed as Value Added Tax at the end of each calendar quarter or year.
The deadline for filing form 360 is the 30th of September following the calendar year in which you have paid the relevant VAT payments.
The form can be modified, when the data declared in another form for another tax year submitted in the previous tax year have been modified, the registration number of the application being modified must be stated.
It can also be modified when determining the definitive prorated amount.
This form can be filed electronically through the electronic headquarters (sede electrónica) of the Tax Authorities, logging in with the digital certificate or Cl@ve PIN.
When processing form 360, it is important to have the following information and documentation available:
which are correctly recorded in the accounts.
All the necessary information is available on the AEAT website. Below is a brief summary of the most relevant information in the instructions.
This form will also be used by entrepreneurs or professionals established in the Canary Islands, Ceuta or Melilla. Spain must be selected when filing the form. Note that in Spain VAT is called 'IVA', in the Canary Islands it's called 'IGIC', and in Ceuta and Melilla it's called 'IPSI'.
You must fill in the details of the form to be submitted:
You should have your Tax Identification Number (NIF) on hand and be registered in the Census of Entrepreneurs, Professionals and Withholders (Censo de Empresarios, Profesionales y Retenedores). You must also provide the name and surname(s) or company name(s) of the entrepreneur(s) or professional(s) established in the territory where the tax applies, together with a contact telephone number or email address.
In addition, you must indicate the details of the address in Spain, as well as the address abroad or a PO box in Spain.
This section must be completed if the business or professional activity is carried out through a third party, i.e. if you are not a direct party to the legal relationship of the activity. In this case, you must provide the representative's information, including email address, contact telephone number, address in Spain and, if applicable, the address abroad or a PO Box in Spain. If there is no third party involved, you needn't complete this section.
To request the refund, the following fields must be completed:
In this section, if the reason chosen for filing is "Communication of the definitive pro rata for the year" (Comunicación de la prorrata definitiva del ejercicio), the four figures for the year and the percentage rate of the applicable pro rata should be entered.
One of the most important requirements is to provide the bank account number to which you wish to receive the refund, either in the name of the applicant or his/her representative. It is essential to include the IBAN and BIC codes.
The registration number shall be assigned by the Tax Authorities on the submission of each of the appendices, as well as a document number and brief explanation of the contents of the appendix.
Applications to recover VAT on goods and services purchased in the UK after Brexit must be processed directly with the UK tax authorities and not through the Spanish Tax Authorities.
If you would like more information about this form, please do not hesitate to contact us and we will be able to assist you with any queries you may have.
Contact us to find out more about how we can help you: