VAT Form 368 was introduced at the end of 2014 so that professionals in the digital services and telecommunications sector can declare to the Treasury the VAT rate they are applying to their clients.

What is Form 368

Form 368 is a six-page form in which the self-employed or company must inform the tax authorities of the VAT charged on their telecommunications, radio and television broadcasting or electronically supplied services.

Only the money collected through the VAT tax must be included with the services provided to final customers, included in the new tax regime for services provided by electronic purposes.

This new VAT system, in force since January 1st 2015, is connected with the tax from services provided to customers via electronic procedures. These services, according to the new regulations, are consider to be carried out in the State where the purchasers reside, and therefore the VAT of that particular country has to be applied.

Parts of Form 368

In the first part, VAT must be included in relation to services provided from Spain to European Union countries. This includes both services supplied from Spain and from other so-called permanent establishments located in any country of the European Union.

In the second part of form 368, those services provided to final clients outside the European Union must be self-assessed.

How and when Form 368 is presented

The Form 368 is presented quarterly and electronically. The deadline for filing is the same as other forms, during the 20 days following the end of each quarter and must be completed via the online headquarters of the Tax Agency. To do this, you must have an electronic certificate or an individual identification code provided by the Tax Office.

It is compulsory to submit the form, even if there has been no activity during the whole quarter. In this case, it must be presented by checking the No Activity box on the form.

If you have any questions about form 368, please do not hesitate to contact us, our team of experts will be at your disposal.

Ramón Sánchez

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