The right to deduct arises at different times depending on the nature of the transaction giving rise to it and never before the tax has accrued in accordance with the law.
a) In general, the right to deduct arises at the moment when the tax on the transaction (supplies of goods, services, intra-Community acquisitions) becomes due, i.e. when the deductible tax becomes due (LIVA art.98 and Annex apt.6; RIVA art.73.3).
The input tax deduction can usually be made in the tax return of the same period in which it is incurred.
With regard to imports and transactions assimilated to imports, the following should be noted:
1st In the case of imports of goods, the general rule applies to these cases, so that the right to deduct arises when the deductible quotas accrue, i.e. at the time when the accrual of import duties has taken place in accordance with customs legislation, regardless of whether or not the import is subject to such import duties. Once the right to deduct has arisen, the deduction is made in the periodic return for the period corresponding to that accrual.
2. For transactions treated as imports, the right to deduct input VAT on these transactions arises when the deductible amounts are accrued.
Thus, the amounts accrued for transactions assimilated to imports can be deducted on form 380 itself, when the form is filed, so that settlement and deduction can be made on the same form 380.
As for transactions excluded from the concept of transactions treated as imports, these are settled in the periodic return (form 303), with VAT also being deducted in the return itself, in a similar way to that foreseen for cases of reversal of the taxable person.
b) In the case of VAT borne or paid by resellers on acquisitions or imports of works of art, antiques and collectors' items, the right to deduct such VAT shall arise when the VAT corresponding to the supplies of such goods made by the reseller under the general tax system becomes due. If the supplies are made by the reseller under his special scheme, there is no right to deduct the VAT borne or paid by the reseller on the acquisition or importation of such goods.
c) In the case of VAT borne or paid on the acquisition or importation of goods and services which, carried out for the purpose of the journey, are of direct benefit to the traveller and are intended for the performance of a transaction in respect of which the special scheme for travel agents is not applicable, the right to deduct VAT arises at the time when the tax corresponding to that transaction becomes chargeable.
d) In the case of occasional supplies of new means of transport exempt from tax, the right arises when the supply is made.
