Ministry of Finance PORTAL INSTITUCIONAL DEL MINISTERIO DE HACIENDA

Buscador de Contenidos

Administrative Procedures

General Information

Name

Motion for reversal of Collection decisions.

Type of procedure/service
Tax information
Subject
Taxes
SIA code
998030
Description

Local office decisions related to economic-administrative claims can be subject to optional prior motion for reversal. The authority that handed down the decision will be competent to deal with and resolve the appeal against said decision.

If the interested party lodges a motion for reversal, they cannot file an economic-administrative claim until the appeal has been expressly resolved or until it can be considered dismissed due to administrative silence.

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
  • Appeal application.
Deadline for resolution

1 Month(s)

Administrative silence interested party
Negative
Competent bodies
  • Tax Agency
End of procedure
No
Appeals
  • Economic-administrative claim: Application period: One month from the day following notification of the resolution of the motion for reversal or from the day following that on which it is deemed to be dismissed. It should be addressed to the administrative body that handed down the decision being challenged.
Basic Regulations
Regulations applicable to online processing
Place of submission
  • Online
  • AEAT (Tax Agency) offices.
  • Post offices.
  • Other places established in Article 16 of Law 39/2015 (Ley 39/2015)
Stages of procedure
  • Start: Via appeal application, one month from the day after notification of the challenged decision has been made or the day after that on which the procedure is deemed dismissed due to expiration of the deadline without an express resolution having been handed down. When lodging the appeal, the interested party will certify that no appeal has been filed against the same decision via an economic-administrative procedure. The appeal application shall include the declarations put forward by the interested party in relation to facts and legal grounds. The appeal will be accompanied by the documents that form the grounds for the appeal. The mere filing of a motion for reversal will not suspend the enforcement of the challenged decision. However, at the request of the interested party, enforcement of the challenged decision will be suspended pursuant to the terms set out in the regulations for this procedure.
  • Procedure: The reversal will subject to all the issues contained in the action, whether or not addressed in the appeal, to disclosure to the competent body for its resolution, although the initial situation of the appellant cannot be impaired.
  • End: Via resolution that approves or rejects the appeal.
URl for online processing
Página de tramitación electrónicaOpen in new window
Forms
Identification system(s)
  • Electronic DNI
  • Digital certificate
  • Clave PIN
Integrado en Clave
Yes
Practica notificaciones
  • Postal
  • Electronic notification by means of Electronic Submission
  • Digital Services via the Single Authorised Email Address (DEHú)
Sujeto a tasas
No
Level of interactivity
Level 4: Online procedure

Highlighted banners

Enlaces a información destacada del Ministerio de Hacienda

Access to the Central Electronic Office. Open new window Acceso al Banco de Datos Económico Financieros. Abre nueva ventana Access to the Open Government commitments Access to the Transparency Portal Open new window Access to the Public Partition in Regulation Projects