Personal Income Tax. Data verification / Limited verification. Special system applicable to workers posted to Spanish territory. (Model 150. (For taxpayers who opted for this regime before 1 January 2015).
General Details
Denomination
Personal Income Tax. Data verification / Limited verification. Special system applicable to workers posted to Spanish territory. (Model 150. (For taxpayers who opted for this regime before 1 January 2015).
Procedure type
Taxation
Subject
Taxes
Purpose
Derived from Personal Income Tax, the data verification procedure aims 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
AEAT offices.
Post offices.
Telematics.
Phases of the procedure/service
Start. Data verification: 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. Limited verification: By agreement of the competent body. The commencement of proceedings shall be notified to the taxpayer by means of a communication, in which the nature and scope of the proceedings shall be indicated and he shall be informed of his rights and obligations in the course of the proceedings. When the data held by the Tax Administration are sufficient to formulate the liquidation proposal, the procedure may be initiated by notification of this proposal.
Procedure: Data verification: 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. Limited verification: 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 data verification procedure ends in any of the following manners: a) Ruling indicating that a provisional assessment is not applicable or that observed faults must be rectified. b) Provisional assessment. It must be based on a reference specific to the legal facts and grounds taken into account in the assessment. c) Rectification, explanation or justification of the discrepancy or data subject to the requirement on the party liable for the tax payment. This circumstance will be recorded in the proceedings, there being no need to make an express ruling. d) Expiry. e) Initiation of a limited verification or inspection procedure that includes the subject matter of the data verification. The data verification shall not prevent the subsequent verification of the subject matter of the data verification. The limited verification procedure ends in any of the following manners: a) Express ruling by the Administration. b) Expiry. c) Start of an audit procedure that includes the subject of the limited verification.
Forms
Resolution deadline
6 months
Resolution body
State Revenue Office
Resources
Economic-administrative claim: Term: One month from the day following notification of the contested act or from the day on which the procedure or prior appeal for reconsideration may be deemed to have been resolved. It will be addressed to the administrative body that issued the challengeable act.
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.
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. (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. (BOE 5-septiembre-2007)