The State Budget for 2021 (Law No 75-B/2020 of 31 December) determined the creation of the ‘IVAucher’ programme with the aim of boosting and supporting three sectors strongly affected by the COVID-19 pandemic – housing, culture and catering – while boosting private consumption.
In this context, Regulatory Decree No 2-A/2021 was published on 28 May, which aims to define the scope and specific conditions for the operation of the ‘IVAucher’ programme.
The temporary ‘IVAucher’ programme is a mechanism allowing final consumers to accumulate the value corresponding to all the VAT incurred in consumption in the housing, culture and catering sectors for one quarter and to use that value for another quarter in consumption in those sectors. The calculation of the amount corresponding to the VAT borne by the final consumers shall be made from the amounts contained in the invoices communicated to TA with the tax identification number of the purchaser.
As defined in Regulatory Decree No. 2-A/2021 of 28 May, the “IVAaucher” programme has two phases, and we are waiting for the publication of the decree of the member of the Government responsible for finance, which will define the beginning and duration of each of the phases, namely:
- clearance of the amount of the benefit, which refers to the VAT incurred by consumers in purchases of goods and services from traders covered by the programme, entitled by invoices issued and communicated to TA;
- Use by consumers of the amount calculated in the first phase, in purchases of goods and services from traders covered by the programme.
The final amount of benefit is calculated by the TA and disclosed to consumers in computer application of the TA or on the Finance Portal, until the last day of the month following the end of the accumulation phase.
Consumers who join the programme by the programme by acceptance of their terms of membership with the system’s operating entity, or third parties authorised by the programme, are eligible for the ‘IVAucher’ programme, and to associate their NIF with an eligible payment card by the system operator.
For consumers who are VAT taxable persons or irs category B taxpayers, the accumulation of the benefit depends on the consumer’s classification of invoices and other tax-relevant documents as outside the scope of their professional activity, through the itapplication of tA or the Finance Portal, until the 24th of the month following the last month covered by the accrual phase of the benefit.
The ‘IVAucher’ programme includes vat taxable traders with one of the main CAEidentified in the aforementioned Regulatory Decree, and of which they are an integral part, as detailed below. The operationalization of this program for traders is as follows:
- Automatically and without the need for adhering, through the use of Automatic Payment Terminals /Point of Sale (TPA/POS), whether they are the operating entity of the system, or are informationfully integrated through Application Programming Interface;
- By accepting the respective terms of access, electronically, to the operating entity of the system in order to allow the use of the benefit to be made through key payment (token) associated with a bank card, without TPA/POS.
The TA shall communicate to the Directorate-General for Treasury and Finance (DGTF) and to the operating body of the system the clearance of the benefit of all consumers who have a valid support.
The use of the benefit is governed by the following rules:
- Where the adhering consumer make a payment, by means of payment eligible by the system’s operating entity, in purchases of goods and services made to eligible taxable persons in this program, part of the amount of the payment is borne through the use of the benefit that is available, the remainder being supported by the consumer’s means of payment.
- The part of the amount to be borne corresponds to 50 % of the value of the good or service, unless the amount of the benefit available is not sufficient, in which case it does not exceed that amount.
- The operating entity of the system makes available to the consumer, at the time of payment, information on the amount borne by the State and the amount of the benefit account, by printing this information on the bead printed by the TPA/POS or equivalent.
- At makes available in real time, in application of the TA or on the Finance Portal, the amount of the benefit and its movements.
The sectors of activity with CAE covered by the ‘IVAucher’ programme are as follows:
(a) 47610 – Retail sale of books in specialised establishments.
b) 55111 – Hotels with restaurant.
c) 55112 – Pensions with restaurant.
d) 55113 – Inns with restaurant.
e) 55114 – Inns with restaurant.
f) 55115 – Motels with restaurant.
g) 55116 – Hotels -apartments with restaurant.
h) 55117 – Tourist villages with restaurant.
i) 55118 – Tourist apartments with restaurant.
j) 55119 – Other hotel establishments with restaurant.
k) 55121 – Hotels without restaurant.
l) 55122 – Pensions without restaurant.
m) 55123 – Tourist apartments without restaurant.
n) 55124 – Other hotel establishments without a restaurant.
o) 55201 – Furnished accommodation for tourists.
p) 55202 – Tourism in rural areas.
q) 55203 – Colonies and holiday camps.
r) 55204 – Other places of short-term accommodation.
s) 55300 – Camping and caravan parks.
t) 55900 – Other places of accommodation.
u) 56101 – Traditional type restaurants.
v) 56102 – Restaurants with over-the-counter seats.
w) 56103 – Restaurants without table service.
x) 56104 – Typical restaurants.
y) 56105 – Restaurants with dance space.
z) 56106 – Confection of ready-to-take meals.
aa) 56107 – Restaurants, n.e.s. (includes catering activities in mobile media). bb) 56210 – Supply of meals for events.
cc) 56290 – Other meal service activities.
dd) 56301 – Coffees.
ee) 56302 – Bars.
ff) 56303 – Pastry shops and tea houses.
gg) 56304 – Other beverage establishments without show.
hh) 56305 – Beverage establishments with dance space.
(ii) 56306 – Itinerant beverage establishments.
jj) 59140 – Projection of movies and videos.
kk) 90010 – Activities of the performing arts.
ll) 90020 – Activities to support the performing arts.
mm) 90030 – Artistic and literary creation.
nn) 90040 – Exploration of concert halls and related activities.
oo) 91011 – Library activities.
pp) 91012 – Archive activities.
qq) 91020 – Museum activities.
rr) 91030 – Activities of historical sites and monuments.
ss) 91041 – Activities of zoos, botanicals and aquariums.
tt) 91042 – Activity of parks and nature reserves.
Finally, it should be noted that the amount of benefit used under the IVAucher programme does not contribute to the amount of deductions for collection (Articles 78B and 78F of the CIRS), the amount of benefit used under the ‘IVAucher’ programme, unless the benefit has not been used by the consumer.
This article is signed by the Moneris Knowledge Centres – Fiscal Committee