VAT.RefundReimbursement procedure.
General data
Designation
VAT.RefundReimbursement procedure.
Type of procedure
Taxation
Subject
Taxes
Object
The purpose of the refund procedure is to reimburse the amounts due in accordance with the provisions of the regulations for each tax.Refunds derived from the regulations of each tax are those corresponding to amounts paid or duly borne as a consequence of the application of Value Added Tax.
Responsible body
Tax Agency
General information on the procedure
Start-up method
interested
Applicant:Citizen - Company
Place of presentation
Telematics
Collaborating Entities
AEAT offices
Documentation
A self-assessment must be submitted which results in a refundable amount
Phases of the procedure/service
Home:At the request of the taxpayer, by filing a self-assessment resulting in an amount to be refunded, a request for refund or a communication of data, in accordance with the provisions in each case in the regulations governing each tax.
Processing:The Administration shall examine the documentation submitted and check it against the data and background information in its possession.
Termination:The refund procedure shall be terminated in one of the following ways:a) Agreement recognising the refund applied for.The agreement shall be deemed to be notified upon receipt of the bank transfer or, where appropriate, the cheque.Where the refund recognised is subject to total or partial precautionary retention, the adoption of the precautionary measure shall be notified together with the refund agreement.Recognition of the refund shall not prevent subsequent verification of the tax liability through verification or investigation procedures.b) Forfeiture.When the procedure is paralysed for reasons attributable to the taxpayer, the Administration shall warn him that, after three months have elapsed, it may declare the procedure to have lapsed.(c) on the initiation of a verification, limited verification or inspection procedure.** Once the period established in the regulations governing each tax and, in any case, the period of six months, has elapsed without the payment of the refund having been ordered for a reason attributable to the tax administration, the latter shall pay the interest for late payment, without the need for the obligor to request it.Interest for late payment shall accrue from the end of that period until the date on which payment is ordered on the amount of the refund that may be due.
Forms
Resolution deadline
6 Months
Resolution body
Tax Agency
Resources
Replenishment:Deadline:One month.Optional, with the office that made the administrative decision to be appealed, stating that no economic-administrative claim has been lodged against it.
Economic-administrative claim:Deadline:One month from the day following the date of the decision to be appealed or the date on which the foregoing request for reconsideration was denied.It will be addressed to the administrative body that made the appealable decision.
Information linked to e-processing
Identification system
Electronic DNI, Electronic Certificate, PIN Key
Level of interactivity
Level 4:Electronic processing
Regulations
Processing regulations
Order EHA/1375/2009 of 26 May 2009,which approves the corporate income tax and non-resident income tax return forms corresponding to permanent establishments and entities under the income allocation system incorporated abroad with a presence in Spanish territory, for tax periods commencing between 1 January and 31 December 2008, issues instructions regarding the procedure for filing and payment, establishes the general conditions and procedure for online filing and amends other provisions relating to the management of certain self-assessments.( BOE, 30-May-2009 )
Basic Regulations
- Law 58/2003 of 17 December 2003,
General Taxation.Articles 31, 124 to 127.(BOE 18-December-2003)
- Royal Decree 1065/2007 of 27 July 2007,
which approves the General Regulations on tax management and inspection actions and procedures and on the development of the common rules for tax application procedures.Articles 122 to 125.(BOE 5-September-2007)
- Royal Decree 1624/1992 of 29 December 1992,
approving the Value Added Tax Regulation.(BOE 31-December-1992)
- Law 37/1992 of 28 December 1992,
of the Value Added Tax ( BOE 29-December-1992)