If you make sales or are considering offering products or services in European Union countries, there’s a tax obligation you cannot overlook: Model 349. Below, we’ll explain what it consists of, who must submit it, when to do so, and the consequences of not complying with this obligation.
And if you need guidance or are thinking about starting an internationalization process, as specialized tax advisors, we can help you manage all the documentation with the Tax Agency to avoid any issues.
What is Model 349?
It’s an informative declaration that must be submitted periodically. Through this form, you must declare purchase and sale transactions made with companies or professionals established in other European Union countries.
To complete it correctly, there are certain requirements you must meet:
- Be registered in the Registry of Intra-Community Operators (ROI), which is requested through Model 036.
- Have a valid intra-community VAT number.
Who is obliged to submit Model 349?
All professionals and companies that sell goods or services within the European Union must submit this model.
It’s important to note that the Canary Islands, Ceuta, and Melilla are not part of the intra-community operations regime. Furthermore, since 2021, transactions between Spain and the United Kingdom are considered extra-community due to Brexit.
Another essential condition is that both the supplier and the buyer are registered as intra-community operators and have their respective identification numbers.
If you are not registered or don’t know how to do so, at DAEM, we can handle processing your registration as an intra-community operator and smooth your path towards international trade.
What is the deadline for submitting Model 349?
This model is submitted according to different periods: monthly, bimonthly, or quarterly, depending on the volume of operations carried out. In all cases, it must be submitted within the first 20 calendar days of the month following the corresponding period.
Below, we indicate when you should submit it based on your situation:
- Monthly: If operations exceed 50,000 euros in a single month. It must be submitted by the 20th day of the following month.
- Bimonthly: Applies when the threshold of 100,000 euros is exceeded at the end of the second month of the quarter.
- Quarterly: If the 50,000 euro limit has not been exceeded in the previous four quarters. In this case, the deadlines are from April 1st to 20th, July 1st to 20th, and October 1st to 20th, and by January 30th for the last quarter.
What happens if you don’t submit Model 349 on time?
Failure to meet the deadline can lead to penalties ranging from 300 to 20,000 euros. However, if you detect the error and notify the Tax Agency before receiving a request, the fine is reduced by 50%.
Therefore, if you’ve missed the deadline, it’s highly recommended that you contact your tax advisor as soon as possible to correct the situation. At DAEM, we can help you regularize your situation with the Tax Agency and avoid unnecessary penalties.
At DAEM, we are committed to offering updated and useful information in all our content. However, we understand that tax matters can change and vary depending on each case. Therefore, we always recommend having the support of a specialized advisor who can analyze your specific situation and help you correctly comply with your tax obligations.
