Accurately managing taxes is a major obligation for businesses. In Spain, most companies must submit a quarterly VAT return using Form 303 to pay the AEAT (the Spanish tax agency) the tax they have collected from their customers.

Aside from calculating the tax each quarter, businesses must also report the VAT they have paid over the entire year to the AEAT. This information is submitted using Form 390.

What’s in this article?

• What is Form 390, and what is it for?
  
• Who has to file Form 390?
  
• What is the deadline for filing Form 390?
  
• What happens if Form 390 isn’t filed on time?
  
• How do I file Form 390?
  

What is Form 390, and what is it for?

Form 390 (known in Spain as “Modelo 390”) is a report that self-employed individuals (“autónomos”) and businesses must complete to inform the AEAT of their VAT transactions for the previous year.

In particular, Form 390 provides a comprehensive summary of the data previously submitted to the AEAT through the quarterly 303 forms. This annual summary allows the AEAT to verify the data and maintain strict control over the tax obligations of professionals in Spain.

Who has to file Form 390?

Form 390 must be submitted by those who self-assess VAT quarterly, including most self-employed individuals and businesses in Spain. Taxpayers who file joint declarations must also be included in this list.

Exemptions

Not all VAT taxpayers have to file Form 390. The AEAT considers the following taxpayers as exempt:

• Taxpayers who self-assess VAT quarterly in Spain (excluding Navarre and the Basque Country) must do so if their professional activities fall under the simplified regime or involve renting real estate.
  
• Taxable persons who manage VAT electronically through the Immediate Supply of Information (SII, or “Suministro Inmediato de Información”) system.
  

Those exempt from filing Form 390 must complete an extra page in their final VAT return for the fiscal year, which is either the fourth quarter or the last month.

What is the deadline for filing Form 390?

Form 390 must be filed between 1 January and 30 January following the relevant fiscal year. For example, if a company filed four Form 303s for each quarter in 2024, it must file Form 390 between 1 January and 30 January 2025, to summarise this information.

Suppose a business ceases operations during the year and is de-registered as a sales tax collector. In that case, it must still file Form 390 between 1 January and 30 January, regardless if it still needs to file the previous year’s four quarterly sales tax returns.

What happens if Form 390 isn’t filed on time?

If Form 390 is not submitted on time, the AEAT imposes a fixed penalty of €200 on the business owner. A 25% reduction applies if the penalty is paid voluntarily without objections and 50% if Form 390 is filed late but before the AEAT sends a request.

How do I file Form 390?

Form 390 can be submitted in person at an AEAT office, but most taxpayers prefer to file it online. To begin the electronic process, visit the AEAT website and log in using your DNI, Cl@ve, or digital certificate.

Let’s go through the most common and key sections step by step.

1. Attach your identifying label at the top left if you submit Form 390 on paper. For the online version, enter the identification information in the first section: “Taxpayer”. Enter your taxpayer ID number, your last name, and the name of your business. Next, tick the box for monthly refund registration only if you file monthly VAT returns. The following boxes are used to notify the AEAT of any special schemes.
   
2. In “Accrual year”, enter the fiscal year. If you are using Form 390 to correct an error in a previous declaration, tick the “Substitute return” box and enter the number of the last return below. Tax automation tools such as Stripe Tax help reduce errors on your tax returns by automatically calculating and collecting VAT on your sales, and benefit from automatic updates to stay current with tax rate changes in over 50 countries where it is available (see the list of excluded territories).
   
3. Under “Statistical data”, enter your main activity. If you engage in multiple activities, the primary one will be the one with the highest volume of operations during the year you report, but you must list all of them. For each activity, specify the IAE heading and the corresponding key.
   
   • A01: Property rental
     
   • A02: Independent livestock farming
     
   • A03: Any business activity that cannot be categorised in the above two keys
     
   • A04: Sports or art
     
   • A05: Any other professional activity
     
   • B01: Agricultural sector
     
   • B02: Dependent livestock farming
     
   • B03: Forestry
     
   • B04: Mussel rafts
     
   • B05: Fishing (except mussel rafts)
     
   • B06: Any economic activity not subject to the IAE
     
4. If someone else is completing the declaration for you, they must provide their information in the section labelled “Data of the representative and signature of the declaration”.
   
5. The “Transactions carried out under the general regime” section is for accrued VAT. You use these fields to inform the AEAT of the amount of tax you have received from your customers during the year. First, identify the regime applicable to the transactions carried out. Then, find the box corresponding to the VAT rate (the percentage used) and enter the tax base (the amount the VAT is calculated from). In the box on the right, input the tax due (the VAT amount collected).
   
6. In boxes 33 and 34, enter the total amounts by adding the VAT bases and the VAT rates, regardless of the regimes they fall under.
   
7. In the “Deductible VAT” section, fill in the boxes to provide the AEAT with details of the expenses incurred in carrying out your professional activities. The procedure is the same as for accrued VAT: enter the taxable base and the deductible amount for the relevant transactions, ensuring the VAT rate percentage is correct.
   
8. In box 64, enter the total figure you obtain due to adding up all the deductions (i.e. boxes 49, 513, 51, 521, 53, 55, 57, 59, 598, 61, 62, 63, and 522).
   
9. In box 65, subtract box 64 from box 47 to determine the outcome for the general regime.
   
10. For the simplified regime, you need to use the sixth section of the form. In this case, you will find two columns for each activity. In box 66, enter the IAE heading, then the number of module units and the corresponding amount. Agriculture, forestry, and livestock-related activities are recorded in the appropriate section just below. At the bottom, total the amounts to determine the accrued and deductible VAT. In box 83, subtract box 82 from box 79 to determine the result for the simplified regime.
    
11. Under “Annual calculation result” there are three very important boxes:
    
    • Box 84: Sum of boxes 65 and 83.
      
    • Box 85: If you had a result to be offset before this tax period and those instalments are used this year, specify the total amount.
      
    • Box 86: Final calculation of the annual VAT self-assessment. The result can be positive, negative, or zero.
      
12. If you are taxed in Spain but not specifically in the Basque Country or Navarre, skip the “Taxation according to territory” section. If you have been taxed in these areas, enter the total percentage in boxes 87, 88, 89, 90, and 91 for Álava, Guipúzcoa, Vizcaya, and Navarre, respectively.
    
13. Box 94 is important when filing Form 390, as it determines the amount of VAT to be paid, refunded, or credited. To do this, subtract box 93 from box 92.
    
14. Under “Calculation result”, fill in the boxes in section 9.1 if you didn’t operate under the special system of a group of companies (REGE, or “Régimen especial del grupo de entidades”) and those in section 9.2 if you did. In this case, also enter the result of Form 322 in box 525 if it’s positive and in box 526 if it’s negative.
    
15. Under “Volume of operations”, fill in each box with the taxable base of your transactions, including those under the general and simplified regimes. In box 108, add the figures of the previous boxes (from 99 to 107).
    
16. In “Specific operations”, fill in each box with the types of transactions listed, even if you’ve already provided that information elsewhere on the form. Some common examples contain exempt domestic acquisitions and exempt imports.
    
17. Only fill out the “Pro rata” section if the pro rata rule applies to you, meaning you’ve made purchases of goods and services for both deductible and non-deductible transactions. If you operate under this rule, specify which business activity has occurred. Next, in boxes 114, 115, 116, 117, and 118, determine the corresponding CNAE code, the total amount, the deductible operations figure, the tax rate, and the pro rata percentage.
    
18. Under “Activities with differentiated deduction regimes”, specify the VAT that can be deducted for each sector related to the differentiated regimes. These activities are uncommon, but you can consult the complete list in Article 101 of Law 37/1992.
    

Form 390 is quite detailed, so the AEAT has created an instruction manual to help you file it. Keep copies of each Form 303 you’ve submitted throughout the year to ensure there are no discrepancies in your data, helping you avoid possible penalties.