Penalty procedure art. 7 Act 7/2012 conducted by the Audit Department
Type of procedure/service
Disciplinary measures
Subject
Taxes
SIA code
201005
Description
Procedure to analyse the commission of a tax offence and, if applicable, impose 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
Deadline for resolution
3 Month(s)
Administrative silence office
None
Competent bodies
Tax Agency
End of procedure
No
Appeals
Appeal: Application period: One month following the day after notification of the decision, brought before the authority instigating the administrative procedure or before the ruling authority.
Start: The procedure is initiated following a decision made by the competent body when there is evidence that a cash payment equal to or in excess of 2,500 euros or equivalent in foreign currency has been made for a transaction involving an employer or independent professional. or when a cash payment of 15,000 euros or equivalent in foreign currency has been made by a natural person proven to be a non-resident in Spain and who does not act as an employer or independent professional, and these events are deemed punishable by civil law.
Procedure: The investigation work required to determine, ascertain and prove the data by virtue of which the ruling will be made, will be performed ex-officio by the body that is handling the proceedings. The interested parties may make declarations and provide documents or other relevant proof at any time during the proceedings prior to the court hearing. When the case has been investigated, a resolution proposal will be formulated that will include the reasoned facts, their legal treatment and the offence constituted by these, or declaration, where applicable, of the non-existence of an offence or liability. The penalty sought will be established at this time. .
Completion: The case is closed following a decision made by the competent body in which the penally is enforced, or the activity is considered not punishable, or that the statutory period has expired.