Data verification procedure by excise duties’ management offices
General Details
Denomination
Data verification procedure by excise duties’ management offices
Procedure type
Taxation
Subject
Taxes
Purpose
The data verification procedure takes place: When the declaration or self-assessment contains formal defects or incurs arithmetic errors, when the data declared do not coincide with those contained in other declarations of the same taxpayer, when an improper application of the regulations is appreciated, or when clarification or justification of some data is required, provided that it does not refer to the development of economic activities.
Responsible body
State Revenue Office
General information about the procedure
Start form
job
Applicant: Administration
Place for presentation
Telematics.
AEAT offices.
Post Offices.
Other places contemplated in article 16 of Law 39/2015.
Documentation
It is initiated ex officio by the Administration.
Phases of the procedure/service
Start: automatically by the local office. By request from the Administration for the taxpayer to clarify or justify the observed discrepancy or the data relating to his declaration or self-assessment or by notifying the proposed settlement when the Administration has sufficient data to formulate it.
Procedure: verification of data; Prior to the resolution or the implementation of the provisional liquidation, the Administration will notify the taxpayer of the proposed resolution or liquidation so that he may make allegations within a period of ten days.
End: The procedure will end in one of the following ways: Resolution, indicating that a provisional liquidation is not appropriate or correcting the defects noted. Provisional liquidation (must be motivated with a concise reference to the facts and legal grounds that have been taken into account in it). Correction, clarification or justification of the discrepancy or the data subject to the request by the taxpayer (this circumstance will be recorded in the document, and it is not necessary to issue an express resolution).Expiration. Initiation of a limited verification or inspection procedure that includes the subject of the data verification (data verification shall not prevent subsequent verification of the subject of the data verification).
Forms
Resolution deadline
6 months
Resolution body
State Revenue Office
Resources
Replacement: Term: One month. On a discretionary basis, before the office from which the administrative act to be appealed comes, stating that no economic-administrative claim has been filed against it.
Economic-administrative claim: Term: One month from the day following the notification of the disputed claim or that on which the procedure or the previous appeal is deemed rejected. It will be addressed to the administrative body that issued the challengeable act.
Information related to electronic processing
Identification system
Electronic ID, Electronic Certificate, PIN Code
Level of interactivity
Level 4: Electronic processing
Regulations
Basic Regulations
-
Ley 58/2003, de 17 de diciembre,
General Tributaria. Artículos 97 a 116, 131 a 133. (BOE 18-diciembre-2003)
-
Real Decreto 1065/2007, de 27 de julio,
por el que se aprueba el Reglamento General de las actuaciones y los procedimientos de gestión e inspección tributaria y de desarrollo de las normas comunes de los procedimientos de aplicación de los tributos. Artículos 87 a 115, 155 a 156. (BOE 5-septiembre-2007)