Hi Everyone,

Sorry to make my first post about a problem, but I hope someone can help and I can move on to happier contributions!

I have recently been reluctantly invoiced by a builder who did everything he could to avoid sending a bill. Eventually agreed, but said he would have to add IVA. Ok, no problem, I don’t mind paying IVA, of course, but I’m not convinced he is registered self-employed and so will simply gain from the increased amount. Can I legitimately ask him for proof he is registered as an autonomo?

Thanks for any comments in advance,


Mike

His invoice/factura should have his NIF number on it

Jo xxx

Hi Jo,

Thanks for the reply.

I thought the NIF number was to say you were registered in Spain as a resident foreigner.

Does that also prove you are self-employed, can that number be checked anywhere?

Thanks,

Mike

get him to show you something recent from hacienda....his last trimestre modelos 130 and 300 (if I remember correctly)

Hi,

Thanks.

He's a stroppy sort. Have I the right to demand these doc's, or perhaps a copy of his modelo 036 or 037. I'll demand anyway, just curious to see if I'm within my rights.

He's only given me his NIE.

Thanks again.

Mike

Don't be confused by these letters; these are some and I think I have their definitions correct;

NIE - for people like us, foreigners
DNI - for Spanish nationals
NIF - for autonomos
CIF - for companies

... am I correct about the last 2?

Your NIF & NIE are the same as far as I know and this is also your VAT number if you are autonomo ,just ring the IVA office and ask them if he`s registered ,BUT be aware you could be opening a can of worms ,if he`s on bajo then he will get a fine and hate you for it, if you have any problems with his work later I think he will tell you to get lost and warn others in the trade about you.

Did you make it clear you wanted a VAT reciept when you contracted him?

Why are you intent on paying IVA?You cant claim it back

I could be wrong here, but if you're wanting a receipt/factura for insurance purposes, the insurance company wont pay without the correct numbers etc written on it

Jo xxx

Why do you care now, you should have checked before work was done.

No, you are not wrong, in case of any claim, the insurance company will want to see proof that the work was done by a qualified person.
(a proper receipt with all the correct identification numbers is needed)
If any damage to the property results from bad workmanship then the contractor who caused the problem would be liable on his insurance.

And then the inevitable ping pong of blame would start, but without the relevant details, your insurance company would reject any claim that you make.
Also if there was a death or serious injury due to a botched job on your property the consequences could be dire.

Getting back to the original question: yes, you can. If your builder is registered and he's charging IVA, his invoice must contain his IVA number and company name (or autonomo? name). The tax authorities will be able to confirm that the number and name refer to your builder .... or not.

Why would I want to pay more than I have to??

Do you mean that it wouldn't bother you?

How does whether I checked before or after the fact alter the principal??

You are maybe a bit green to how things work out here, in the building trade you will rarley be charged IVA for small to medium sized jobs ,surley you would have checked if your original quote included IVA,? if you did not you are also at fault.
If your builder said he was not going to charge you IVA then you can not exopect an IVA reciept, this is common practice in many trades, my lawyer even knocked the VAT of for cash on a 2k bill!!!sure its illegal but its not like the UK here and you need to remember this if you want to get along in Spain.
If everyone suddenly went by the book unemployment would double overnight-fact!
I dont like it either but when in Rome.......

Hi,

I said to him that I wanted an invoice for the work from the outset - the job was an expense against income. He agreed to this.

As I said, I have no objection to paying IVA - what if I had! - I simply don't want give him extra money which he will pocket.

Thanks for the input.

I'll just withold the tax element until he gives me some proof.

I don't think that is unreasonable.

Mike

Isn’t this a bit like standing at the checkout in Carrefour, with a TV in your trolley, and deducting the IVA before paying the bill unless they proved to you that they had paid their taxes? I wouldn’t try it.

Whether a trader has paid his tax bill is none of your business.