Procedure aimed at analysing tax offences and imposing the corresponding sanction, where applicable.
Body responsible for the procedure
State Tax Administration Agency (EA0028512)
General information on the procedure/service
Instigating party
Oficio
Recipient office
Citizen
Business
Deadline for resolution
6 Month(s)
Administrative silence office
Expiry
Competent bodies
Tax Agency
End of procedure
No
Appeals
Reconsideration: Application period: One month. Optional and filed with 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 shall be addressed to the administrative body that made the appealable decision.
Start: The tax-related sanctioning procedure will be processed separately from the application procedures for taxes regulated by Section III of the General Tax Act, except when waived by the party liable for the tax payment, in which case it will be processed jointly.
Ex officio, by means of notification of the agreement of the competent body. When, at the time of initiating the sanction proceedings, the competent body has all the elements to allow it to formulate the proposed sanction, it will be incorporated into the instigation agreement. The interested party shall be notified of this agreement indicating the disclosure of the proceedings and granting a period of fifteen days in which to file the declarations it deems relevant and to provide the supporting documentation, corroboration and proof.
Procedure: A resolution proposal will be formulated that will include the justifying facts, their legal treatment and the offence constituted by these, or the declaration, where applicable, of the non-existence of an offence or liability. The proposal will also specify the proposed sanction, indicating the classification criteria applied. The resolution proposal will be notified to the interested party, indicating the disclosure of the proceedings and granting a period of fifteen days in which to file the declarations it deems relevant and to provide the supporting documentation, corroboration and proof.