Administrative Procedures: Ministry of Finance

Administrative Procedures

General Information

Name: Authorisations. Prior valuation agreements between associated people
Type of procedure/service: Tax information
Subject: Taxes
SIA code: 997824
Description: 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.
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 by the interested party.

Deadline for resolution

6 Month(s)

Administrative silence interested party

Positive

Competent bodies

Tax Agency

End of procedure

Appeals

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.

Basic Regulations

Place of submission

Online.
AEAT offices.
Post Office.
Other places specified in Article 16 of Law 39/2015

Stages of procedure

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.
Completion: 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. Comments: 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. 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.

URl for online processing