The Tax Agency clarifies the terms of the resolution of the Central Economic Administrative Court that annuls the annual VAT settlement
In relation to the press release sent by the Tax Technicians union about an error by the Tax Agency that has caused the nullity of VAT settlements worth more than 5,000 million euros, the Tax Agency would like to clarify:
- That indeed, there is a resolution of June 29 of this year from the Central Economic Administrative Court that stipulates the nullity of the annual VAT settlements due to the invalidity of considering the calendar year as the settlement period of this tax, instead of periods quarterly or monthly.
- That the annual settlement criterion has been applied generally since the approval of the VAT law in Spain in 1986. And it is therefore not an internal management error, but a criterion that is now being corrected by an organ of the administration itself. The Tax Agency has been applying the new criteria since the aforementioned resolution was announced.
- That this resolution will cause a significant increase in work to redo the appealed and resolved VAT assessments, which can reach a maximum of 6,500 per year in the years 2006, 2007 and 2008, but not hundreds of thousands of files. , as the note from the Treasury Technicians union said, for settlements adjusted to the new established criteria.
- That this process will not cause any economic damage to the public coffers, firstly because the majority of the contested liquidations will not be entered until their resolution and secondly because they will be prepared administratively with the new criteria without the rights of the Public Treasury being prescribed.
- We are therefore faced with a case of technical and legal interpretation of an administrative control process that will partially increase the administrative workload of the Tax Agency over the coming months and which requires a review of computer applications and procedures, but which is perfectly acceptable.
- Finally, the Tax Agency regrets that the Tax Technicians' Union, once again, is interpreting a legal-administrative process in an alarmist way, implying that alleged management errors could cause losses of billions to the public coffers at a particularly delicate moment in the economic situation and with a deficit in the public accounts.