Authorisations. Prior measurement or classification and measurement agreements concerning earnings generated from certain intangible assets.

Denomination

Authorisations. Prior measurement or classification and measurement agreements concerning earnings generated from certain intangible assets.

Procedure type

Taxation

Subject

Taxes

Purpose

Valuation by the Tax Agency of income from transferring intangible assets and the associated costs, and income generated by the conveyance or classification of the assets, and valuation of the income and costs associated with them, as well as the income generated, based on the proposal put forward by the liable taxpayer. The request must be submitted in writing before the transactions take place. The agreement will be valid for the tax periods specified in the agreement itself.

Responsible body

State Revenue Office

Start form

interested

Applicant: Citizen - Company

Place for presentation

Telematic

Documentation

Request by the party concerned, accompanied by at least the documentation specified in Section 2 of Article 39 of Royal Decree 634/2015, of 10 July, approving the Corporation Tax Regulations.

Phases of the procedure/service

Start: Request presented by the party concerned, which must contain at least: identification of the requesting person or body and of the assignee, description of the asset, and where applicable, of the right of use or exploitation which it is planned to establish and its duration, a proposed valuation expressing the valuation method or criterion applied, and other information, elements and documents which may contribute to the decision of the Tax Agency. In classification and valuation procedures there will also be a classification of the assets, explaining its reasoning.

Procedure: By Inspection Teams or Units designated by the Department of Tax and Finance Inspection. The Tax Authority will examine the application together with the documentation submitted. For these purposes, the taxpayer may be asked to produce information, reports, records and receipts that are related to the proposal, as well as to give further explanations or clarifications. In the previous classification and valuation agreement procedure, the competent body must request a binding report from the Directorate General for Taxation, which will issue it within a maximum of 3 months.

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, or declaring it inadmissible.

Enforcement: if there is a significant change in the economic circumstances that existed when the agreement was approved, a procedure to amend the prior valuation or classification and valuation agreement will be governed by the same terms as the procedure for the initial approval of the agreement. An extension may be sought for the period covered by the prior valuation or classification and valuation agreement.

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