Administrative Procedures: Ministry of Finance

Administrative Procedures

Name: Authorisations. Application for special investment and expenses plans for Communities that are Holders of Common Land Mountains.
Type of procedure/service: Tax information
Subject: Taxes
SIA code: 997863
Description: Valuation by the Tax Agency of income from transferring intangible assets and the associated costs, and income generated by the conveyance or classification of the assets, and valuation of the income and costs associated with them, as well as the income generated, based on the proposal put forward by the liable taxpayer. The request must be submitted in writing before the transactions take place. The agreement will be valid for the tax periods specified in the agreement itself.
Body responsible for the procedure: State Tax Administration Agency (EA0028512)

Instigating party

Recipient interested party

Documents

Request by the party concerned, accompanied by at least the documentation specified in Section 2 of Article 11 of Royal Decree 634/2015, of 10 July, approving the Corporation Tax Regulations.

Deadline for resolution

6 Month(s)

Administrative silence interested party

Positive

Competent bodies

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

Stages of procedure

Start: Request by the party concerned, accompanied by at least the documentation specified in Section 2 of Article 11 of Royal Decree 634/2015, of 10 July, approving the Corporation Tax Regulations.
Procedure: By Inspection Teams or Units designated by the Department of Tax and Finance Inspection. The Tax Agency will examine the request together with the documentation presented. For these purposes, the taxpayer may be asked to produce information, reports, records and receipts that are related to the proposal, as well as to give further explanations or clarifications. In the previous classification and valuation agreement procedure, the competent body must request a binding report from the Directorate General for Taxation, which will issue it within a maximum of 3 months.
End: 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, or declaring it inadmissible.
Enforcement: Enforcement: If there is a significant change in the economic circumstances that existed when the agreement was approved, a procedure to amend the prior valuation or classification and valuation agreement will be governed by the same terms as the procedure for the initial approval of the agreement. An extension may be sought for the period covered by the prior valuation or classification and valuation agreement.

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