Verification of data / Limited verification - Advanced tax payment
General Details
Denomination
Verification of data / Limited verification - Advanced tax payment
Procedure type
Taxation
Subject
Taxes
Purpose
The purpose of the data verification procedure is to clarify or justify discrepancies observed in the declarations or self-assessments submitted by the taxpayer or in the data relating to said declarations or self-assessments.
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 of data verification procedure: Ex officio, through a 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 through notification of the liquidation proposal when the Administration has sufficient data to formulate it.
Start in case of limited verification: By agreement of the competent body. The launch of the actions will be notified to the party liable for the tax payment by means of a communication, indicating the nature and scope of the actions and informing the party of its rights and obligations during the process. When the data held by the Tax Authority are sufficient to formulate the liquidation proposal, the procedure may be initiated by notifying this proposal.
Processing of the data verification procedure: Prior to the ruling or execution of the provisional assessment, the Administration will notify the party liable for the tax payment of the decision or assessment proposal to allow him/her to file declarations within a period of ten days.
Processing of the limited verification procedure: The party liable for the tax payment that has been summoned shall appear at the location, date and time indicated for such purpose, and must provide the documentation and other requested elements. Prior to the resolution, the Administration will notify the taxpayer of the proposed resolution or liquidation so that he may make allegations within a period of ten days. The procedure for objections may be waived when the resolution contains an express statement that the tax situation does not need to be regularised as a result of the verification carried out.
Completion of data verification procedure: Resolution, indicating that a provisional liquidation is not appropriate or correcting the defects noted. Provisional liquidation which 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 proceedings, there being no need to make an express ruling. Expiry. Initiation of a limited verification or inspection procedure that includes the subject of the data verification. The data verification will not impede the subsequent verification of the subject.
Completion of the limited verification procedure: Express resolution of the Administration. Expiry. Initiation of an inspection procedure that includes the object of the limited 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
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Ley 58/2003, de 17 de diciembre,
General Tributaria. Artículos 97 a 116, 131 a 133 y 136 a 140. (BOE 18-diciembre-2003)
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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 y 163 a 165. (BOE 5-septiembre-2007)