The purpose of the procedure for Value Added Tax is to refund the appropriate amounts pursuant to the regulations for each tax.
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
A self-assessment should be filed with the refund amount.
Deadline for resolution
6 Month(s)
Administrative silence interested party
None
Competent bodies
Tax Agency
End of procedure
No
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 decision or the day on which the proceedings or the prior motion for reversal is deemed as resolved. It should be addressed to the administrative body that issued the ruling being challenged.
Start: At the request of the party liable for payment of the tax, filing a self-assessment in which the result is a refund amount.
Procedure. The local office shall examine the documents submitted and check them against its own data and records.
End: The data refund procedure shall end in any of the following manners:
a) Agreement in which the requested refund is approved. The agreement shall be deemed as notified upon receipt of the bank transfer or cheque, as appropriate. When the approved refund is subject to total or partial precautionary withholding, this precautionary measure shall be notified together with the refund agreement. Refund approval shall not prevent subsequent verification or checking of the tax obligation via the verification and audit procedures.
b) Expiry. When the procedure is halted due to reasons attributable to the party liable for the tax payment, the local office shall advise said party that, once three months have elapsed, the case may be declared expired.
c) Due to initiation of a data verification, limited verification or audit procedure
** Once the deadline established in the regulations for each tax has elapsed and, in any case, after six months, without the refund payment order having been issued due to reasons attributable to the Tax Agency, the Tax Agency shall pay late payment interest, without the need for any request by the taxpayer. Late payment interest shall accrue from the expiry of the aforementioned deadline until the date on which the corresponding refund amount payment order is issued.