Who Can Claim a Spanish VAT Refund?
A Spanish VAT refund is available only when your company is not established in Spain for the transactions concerned. In practice, you must be a taxable business in your own country and you must not have a fixed establishment in Spain from which you carry out local taxable operations. Our VAT in Spain guide explains the full scope of Spanish VAT registration triggers.
The refund route is designed for non-resident input VAT, not for Spanish VAT compliance. Typical claims cover Spanish IVA paid on hotel bills, trade fairs, fuel, tolls, parking, vehicle rental or other business expenses incurred in Spain.
If you hold stock in Spain, sell locally from Spain, make taxable intra-EU movements involving Spain, or use Amazon FBA with Spanish stock, you are generally outside the non-resident refund route. You need a Spanish VAT number and recover input VAT through periodic Spanish VAT returns.
Modelo 360 or Modelo 361: Which Procedure Applies?
Your country of establishment determines the refund procedure. The Spanish tax authorities use two connected routes: Modelo 360 for EU-established businesses and Modelo 361 for businesses established outside the EU.
| Applicant | Procedure | Where the claim is filed | Key condition |
| EU business | Modelo 360 | Your home-country tax portal, then forwarded electronically to Spain | No fixed establishment or incompatible local taxable activity in Spain |
| Non-EU business | Modelo 361 | Spanish AEAT electronic office, usually through a resident representative | Reciprocity, representative in Spain, certificate of taxable status |
EU businesses do not file directly with the Spanish tax office. You submit the claim through your own tax authority's electronic portal. A French company, for example, starts from its professional account with the French tax administration; the claim is then transmitted to the Agencia Tributaria.
Non-EU businesses file under a stricter Spanish procedure. Spain requires a fiscal representative in Spain, proof that the business is subject to a VAT-like tax in its country, and reciprocity: Spain refunds businesses from a third country only where that country grants comparable treatment to Spanish businesses, subject to specific Spanish rules and exceptions.
For non-EU claimants, I check reciprocity before reviewing invoices. If the country does not qualify, a technically perfect invoice file still will not secure the refund.
Deadline, Minimum Amounts and Processing Time
The claim must be filed by 30 September of the year following the expense year. This applies to both EU and non-EU businesses. For example, Spanish IVA incurred in 2026 must be claimed by 30 September 2027.
| Rule | Amount or timing |
| Minimum claim for a period of at least 3 months but less than 1 year | EUR 400 |
| Minimum claim for a full calendar year or the remaining part of a year | EUR 50 |
| Maximum claim period | 1 calendar year |
| Standard decision period | 4 months |
| Extended processing where additional information is requested | Up to 8 months |
Spain may pay late-payment interest if the administration exceeds the legal processing deadlines. This assumes the delay is attributable to the administration and that the applicant has answered information requests and provided the required electronic invoice copies.
A late claim is not a weak claim; it is a dead claim. Once the 30 September deadline has passed, the right to recover that year's IVA is normally lost.
What Documents Do You Need?
Your claim is built invoice by invoice. You need identification details, your VAT or tax number, business activity, claim period, bank details, and the breakdown of each expense: supplier, invoice number, taxable base, IVA amount and expense category.
Invoice scans are not always mandatory, but the thresholds matter. You must attach electronic copies where the taxable base exceeds EUR 1,000. For fuel, the threshold drops to EUR 250.
A compliant Spanish invoice must support the deduction. Check at least:
supplier and customer identification;
tax number or NIF where relevant;
full addresses;
unique invoice number;
invoice date;
clear description of the goods or services;
taxable base and IVA amount in euros.
A wrong invoice should be corrected before filing. In Spain, the correction is usually made through a factura rectificativa. Without a corrected invoice, the expense can be rejected even if the business cost itself was real.
I prefer rejecting a doubtful invoice before filing rather than letting AEAT reject the whole line later. A short pre-filing clean-up often saves several months of correspondence.
Which Spanish VAT Expenses Are Deductible?
Spain refunds only VAT that would be deductible for a Spanish-established business. The reference point is the Spanish deduction regime, especially Articles 95 and 96 of the Spanish VAT Law, not the deduction rules of your home country.
| Expense type | Refund treatment | Practical note |
| Hotels and accommodation | Often deductible if strictly business-related | Keep evidence of the business purpose |
| Trade fairs, exhibitions and congresses | Usually claimable when linked to business activity | Stand rental and entrance fees are common refund lines |
| Fuel | Possible, often limited by vehicle-use rules | Invoice scan required above EUR 250 taxable base |
| Passenger vehicles | Often subject to a 50% business-use presumption | Some professional vehicles may qualify for higher deduction |
| Tolls and parking | Possible when linked to business travel | Must follow the vehicle's deductible-use logic |
| Meals and hospitality | Restricted; not automatically refundable | Deductibility depends on Spanish corporate or income tax rules |
| Gifts and entertainment | Usually excluded or heavily restricted | High rejection risk |
| Jewellery, food, drinks, tobacco, leisure expenses | Generally excluded under Article 96 restrictions | Do not include without a specific technical basis |
Restaurant VAT should not be treated as automatically recoverable. Some travel and hospitality costs can be deductible only where they are also deductible for Spanish corporate or income tax purposes. A blanket "business meal equals refund" approach is too risky in Spain.
The most common refund loss is not a missed form field. It is claiming VAT on expenses that Spanish law would not allow a local business to deduct.
Step-by-Step: EU Business Using Modelo 360
An EU business claims Spanish IVA through its own national tax portal. Your local tax authority checks your taxable-person status, then sends the electronic claim to Spain.
Step 1: Prepare the claim period and invoices
Start by defining the claim period and filtering invoices. The period must normally cover at least 3 months and no more than one calendar year, unless the claim concerns the remaining part of the year.
Step 2: Complete the electronic refund application
The application follows the Spanish Modelo 360 data structure. You provide your company details, VAT number, bank account, activity, declaration that you did not carry out incompatible Spanish taxable operations, and the invoice-by-invoice expense lines.
Step 3: Attach scans above the Spanish thresholds
Attach invoice copies where Spain requires them. The key thresholds are EUR 1,000 taxable base per invoice, or EUR 250 for fuel invoices.
Step 4: Monitor requests for information
AEAT can request additional information before deciding. The standard four-month period can extend toward eight months if the administration needs clarification or extra documentation.
Step-by-Step: Non-EU Business Using Modelo 361
A non-EU business follows the Modelo 361 route directly with Spain. The process is more formal because Spain requires reciprocity and a resident representative.
Step 1: Confirm reciprocity
Reciprocity comes first. Spain does not automatically refund IVA to every third-country business. The Spanish tax position depends on whether comparable refunds are granted to Spanish businesses in the applicant's country, with specific exceptions for certain professional fair, congress and exhibition costs.
Step 2: Appoint a resident representative in Spain
The representative is not a mailbox. The resident representative acts before AEAT and may be jointly liable in cases of undue refund. The appointment normally requires a formal power of attorney.
Step 3: Gather the non-EU supporting documents
The Modelo 361 file needs more than invoices. Prepare the representative appointment, proof of taxable status from your local tax authority, bank details, and all invoice data required for the refund period.
Step 4: Submit via the AEAT electronic office
The claim is filed through Spain's Sede Electronica. In practice, the resident representative submits the Modelo 361 with the supporting documents and monitors any requests from the Spanish administration.
For non-EU businesses, build the file backwards from the deadline. Representation documents and certificates often take longer than the invoice review itself.
Refund Procedure vs Spanish VAT Return
The non-resident refund route stops where Spanish VAT registration starts. If your transactions create Spanish VAT obligations, the input VAT is normally recovered through Spanish VAT returns, not through Modelo 360 or Modelo 361.
| Situation | Correct route |
| Business trip, fair, hotel or fuel expenses in Spain with no Spanish taxable activity | Non-resident refund |
| Stock held in Spain | Spanish VAT registration and local VAT returns |
| Amazon FBA stock located in Spain | Spanish VAT registration and local VAT returns |
| Local Spanish taxable sales | Spanish VAT registration and local VAT returns |
| Reverse-charge supplies where the Spanish customer accounts for VAT | May remain compatible with non-resident refund, depending on facts |
Amazon FBA is the classic trap. If your goods are stored in Spain, you generally need Spanish VAT registration. You cannot use the non-resident refund procedure to recover IVA that belongs in your Spanish VAT return.
Common Rejection Reasons
Most Spanish VAT refund rejections come from avoidable file defects. Before filing, test the claim against the same checks AEAT will apply. See how importing goods in Spain works.
Non-compliant invoices: missing supplier/customer details, tax numbers, invoice number, date, taxable base or IVA amount.
Wrong procedure: using Modelo 360/361 when the company should be Spanish VAT-registered.
Non-deductible expenses: gifts, leisure, restricted hospitality or vehicle costs claimed without Spanish deductibility analysis.
Missing scans: invoices over EUR 1,000 taxable base, or fuel invoices over EUR 250, not attached.
Late submission: claim filed after 30 September N+1.
Non-EU file gaps: missing representative, certificate of taxable status, power of attorney or reciprocity analysis.
The fix for invoice defects is a factura rectificativa. Ask the supplier to issue a corrected invoice before the claim is submitted. Waiting until AEAT questions the invoice usually slows the refund and weakens the file. See our guide on Amazon VAT Guide Sellers.
FAQ
What is the deadline for a Spanish VAT refund claim?
The deadline is 30 September of the year following the expense year. This applies to both EU businesses using Modelo 360 and non-EU businesses using Modelo 361.
Can a non-EU company recover Spanish VAT?
Yes, if the company meets the Spanish non-resident refund conditions. The key points are reciprocity, no incompatible Spanish taxable activity, a resident representative in Spain, a certificate of taxable status and a Modelo 361 claim.
Do I need to send original paper invoices to Spain?
No. The procedure is electronic. Keep the originals, but attach digital copies when the taxable base exceeds EUR 1,000, or EUR 250 for fuel invoices.
What should I do if a Spanish invoice is wrong?
Ask the supplier for a corrected invoice, called a factura rectificativa. A non-compliant invoice can block the refund for that expense even when the VAT was actually paid.
Can I use this refund procedure if I sell through Amazon FBA in Spain?
Usually no. If you hold stock in Spain, including Amazon FBA stock, you normally need Spanish VAT registration and must recover input VAT through local Spanish VAT returns.
How long does the Spanish VAT refund take?
The standard decision period is 4 months from receipt of the complete claim. If AEAT requests additional information, the process can extend up to about 8 months.
Countries concerned