Administrative Procedures: Ministry of Finance

Administrative Procedures

Name: Authorisations. Applications for valuation plans for management and general administrative expenses attributable to permanent establishments.
Type of procedure/service: Tax information
Subject: Taxes
SIA code: 997866
Description: Valuation by the Tax Administration of management and general administrative expenses attributable to permanent establishments, based in the proposal formulated 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)

Instigating party

Recipient interested party

Documents

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.

Deadline for resolution

6 Month(s)

Administrative silence interested party

Positive

Competent bodies

End of procedure

Appeals

Reconsideration: Application period: One month. Optionally, before the office that issued the administrative ruling being appealed, 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 motion for reversal are deemed rejected. It should be addressed to the administrative body that issued the ruling being challenged.

Basic Regulations

Place of submission

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.

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