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VAT. Regularisation due to failure to file.

General Details

Denomination

VAT. Regularisation due to failure to file.

Procedure type

Taxation

Subject

Taxes

Purpose

It is a procedure that seeks to verify the facts, acts, elements, activities, operations and other circumstances determining the tax obligation in the Value Added Tax.

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 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.

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.

End: The procedure will end in one of the following ways: Express resolution of the Administration, expiration or initiation of an inspection procedure that includes the object of the limited verification.

Forms

Electronic processing

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, 136 a 140. (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, 163 a 165. (BOE 5-septiembre-2007)