When a party liable for the tax payment considers that a self-assessment has harmed his/her legitimate interests, he/she may request the rectification of said self-assessment.
Body responsible for the procedure
State Tax Administration Agency (EA0028512)
General information on the procedure/service
Instigating party
Interesado
Recipient interested party
Citizen
Business
Documents
Application with the content established in the regulations, as well as the identification data of the self-assessment to be rectified.
Deadline for resolution
6 Month(s)
Administrative silence interested party
Negative
Competent bodies
Tax Agency
End of procedure
No
Appeals
Reconsideration: Application period: One month. Optional, to the office that made the administrative decision to be appealed, stating that no economic-administrative claim has been lodged against it.
Economic-administrative claim: Application period: One month from the day following the notification of the contested decision or the day on which the proceedings or prior motion for reversal is deemed to be resolved. It must be addressed to the administrative body which issued the decision which is to be contested.
Other places established in Article 16 of Law 39/2015 (Ley 39/2015).
Stages of procedure
Start: At the request of the party, by submitting an application to the competent body. The application can only be made once the corresponding self-assessment has been filed and before the tax administration has made the final settlement or, in its absence, before the right of the tax administration to determine the tax debt by assessment or the right to request the corresponding refund, has vested.
Procedure: The circumstances that determine the basis for the rectification shall be verified during the application procedure. Upon completion of the proceedings, the interested party will be notified of the proposed resolution so that it may file declarations within a period of fifteen days, unless the proposal coincides with the request of the interested party, in which case the assessment made will be notified without further formalities.
End: By issuing a resolution, approving or rejecting the rectification. In the event of agreement to rectify the self-assessment, the resolution adopted will include a provisional assessment when it affects any element that determines the calculation of the tax debt.