Ministry of Finance PORTAL INSTITUCIONAL DEL MINISTERIO DE HACIENDA

Buscador de Contenidos

Administrative Procedures

General Information

Name

Rectification of Customs and Excises tax returns.

Type of procedure/service
Tax information
Subject
Taxes
SIA code
998297
Description

When the party liable for the tax payment considers that a tax return has damaged in any way said party's legitimate interests, the party may request rectification of the tax return, once the local office has issued a provisional assessment in the cases established in Art. 128 of the General Tax Act.

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 tax return 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.
Basic Regulations
Regulations applicable to online processing
Place of submission
  • Online
  • AEAT offices.
  • Post Offices.
  • 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. When the local office has made a provisional assessment, the party liable for the tax payment may request rectification only if the provisional assessment has been carried out for a consideration or reason other than that invoked in the request.
  • 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.
URl for online processing
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Forms
Identification system(s)
  • Electronic DNI
  • Digital certificate
  • Clave PIN
Integrado en Clave
Yes
Practica notificaciones
  • Postal
  • Electronic notification by means of Electronic Submission
  • Electronic notification by means of Enabled E-mail Address
Sujeto a tasas
No
Level of interactivity
Level 4: Online procedure

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