Authorisations. Prior valuation agreements between associated people

Denomination

Authorisations. Prior valuation agreements between associated people

Procedure type

Taxation

Subject

Taxes

Purpose

Valuation by the Tax Administration of operations that will be carried out between associated people or entities prior to enforcement, based on the proposal made by the tax. The valuation agreement will take effect in relation to the operations carried out after the date on which it is approved and will be valid for the tax periods established in said agreement, which may not be more than the four tax periods following the date on which it is approved. Furthermore, its effect may be extended to operations of the tax period in question, as well as the operations carried out during the previous tax period, provided that the voluntary deadline for making a tax return has not expired.

Responsible body

State Revenue Office

Start form

interested

Applicant: Citizen - Company

Place for presentation

Telematics.

AEAT offices.

Post Offices.

Other places contemplated in article 16 of Law 39/2015

Documentation

Request from the interested party

Phases of the procedure/service

Start: Application presented by the interested party, accompanied by a valuation proposal based on standard market values with a description of the proposed method and an analysis to justify the application of this method. The application must be signed by the applicant (people or entities), who must certify to the Administration that the other associated people or organisations that will carry out the operations know and accept the valuation application.

Procedure: By Inspection Teams or Units designated by the Department of Tax and Finance Inspection. The Tax Administration will examine the proposal together with the documentation presented. To this end, the taxpayer can be asked to produce information, reports, records and receipts that are related to the proposal, as well as to give further explanations or clarifications.

End: The procedure is normally finalised with an express resolution. Termination can also occur due to expiry or withdrawal. The Department of Tax and Finance Director is responsible for upholding or dismissing the resolution. It should be taken into account that an amendment procedure for the Prior Valuation Agreement will be regulated if a significant variation occurs in the economic circumstances that existed when the agreement was approved, in a similar way to the procedure for the initial approval of the agreement. Renewal of the validity of the Prior Valuation Agreement may be requested. If the taxpayers request that the application be presented for consideration by other tax administrations within the country or geographical area in which the associated people or organisations are located, the Administration will evaluate the request and, if deemed appropriate, apply the special clauses established in articles 29 quinquies (number 5) and subsequent of the regulation.

Forms

Electronic processing

Resolution deadline

6 months

Resolution body

State Revenue Office

Resources

The resolution handed down shall not be appealed, without prejudice to the appeals and complaints that may be filed against the settlement decisions that may be filed at the time they are handed down

Identification system

Electronic ID, Electronic Certificate, PIN Code

Level of interactivity

Level 4: Electronic processing