Procedure for analysing tax payment offences and, in the event of finding a tax violation, imposing the corresponding sanction.
Body responsible for the procedure
State Tax Administration Agency (EA0028512)
General information on the procedure/service
Instigating party
Oficio
Recipient office
Citizen
Business
Documents
The procedure is initiated automatically by the Administration.
Deadline for resolution
6 Month(s)
Administrative silence office
Expiry
Competent bodies
Tax Agency
End of procedure
No
Appeals
Reconsideration: Application period: One month. Optionally, before the office that issued the administrative ruling to be appealed against, stating that no economic-administrative claim has been lodged against said ruling.
Economic-administrative claim: Application period: One month from the day following notification of the challenged ruling or from the date on which the proceedings or the prior appeal for reversal are deemed resolved. Claims should be addressed to the administrative body that dictated the contested decision.
Start: The sanctioning procedure for tax payment issues will be carried out independently from the application of taxes regulated under Title III of the General Tax Act (Ley General Tributaria), except when this is waived by the taxpayer, in which case it will be carried out jointly. Initiation: Automatically by the Administration, via notification of the agreement of the competent authority. When the competent authority has all the elements required to formulate the sanction proposal at the start if the sanctioning procedure, said proposal shall be included in the initiation agreement. The party in question will be notified of the agreement and that the procedure has been started and will be given fifteen days to present the arguments the party considers appropriate and the corresponding documents, receipts or other evidence.
Procedure: A resolution proposal will be formulated, which will state the facts, their legal grounds and the offence that said facts may constitute or the declaration, as applicable, of the non-existence of an offence or liability. The proposal will also specify the proposed sanction and will provide details of the ranking criteria applied. The party in question will be notified of the resolution proposal and that the procedure has been started and will be given fifteen days to present the arguments the party considers appropriate and the corresponding documents, receipts or other evidence.