<\/p>\n
\nThe TEAC determines that the annual declaration does not interrupt the prescription of the monthly and quarterly liquidations<\/span><\/p>\n<\/blockquote>\n
After the resolution of the Central Economic-Administrative Court (TEAC) published on September 22, a criterion is established that contradicts that maintained by the Supreme Court since 2009, determining that the annual VAT declaration has no effect on the limitation period of the liquidations monthly or quarterly tax. which immediately implies that the term of the Treasury to investigate the tax is reduced.<\/span>
\n<\/span>
\n<\/span>The General Tax Law sets the statute of limitations and the right of the Administration to demand tax debts, carry out verifications and impose sanctions at four years. The problem regarding VAT arose when the computation of this period began for the monthly or quarterly declarations, as the case may be.<\/span><\/p>\nUntil 2009, the traditional criterion was maintained, which maintained that the computation of the four years began at the moment in which the presentation of the monthly or quarterly declaration was required. However, various Supreme Court rulings changed that interpretation starting in 2009 by pointing out that the annual VAT return \u2013 in which companies present the data from the previous year in January \u2013 interrupted the prescription of monthly or quarterly settlements. which meant in practice that the Treasury obtained practically an additional year to investigate taxpayers.<\/span><\/p>\n
\n<\/span>This is so because an invoice issued in January is included in the monthly declaration that ends on February 20 (or April 20 if it is presented quarterly) and from that date the prescription period begins. The Supreme Court ruling meant that the four-year period was renewed on January 30 of the following year upon filing the annual VAT return.<\/span>
\n<\/span>The change in the High Court generated controversy and criticism from tax experts, who recalled that model 390 of the annual VAT summary is an informative statement. In other words, the companies do not settle the tax or make any payment, they simply inform the Tax Agency of the activity in the previous year. In fact, if a company has made an error in the monthly or quarterly statement, it cannot be corrected by submitting the annual summary form, which reinforces its merely informative nature.<\/span><\/p>\n
\n<\/span>The TEAC, in a recent resolution, aligns itself with the theses of tax professionals, contradicts the criteria of the Supreme Court and maintains that the annual VAT summary declaration does not interrupt the prescription. Thus, the Tax Agency will no longer have an additional period to verify, investigate or penalize VAT taxpayers. The decision of the TEAC binds the Administration and, therefore, must be followed by the bodies of the Tax Agency. On the other hand, Salcedo points out that taxpayers may invoke the resolution to claim the prescription of the verifications carried out within the additional period granted by the Supreme Court.<\/span><\/p>\n
\n<\/span>In the judgment of the High Court of 2009, great importance was attached to the fact that the VAT summary declaration had to include self-assessments for the entire year, an obligation that is no longer required. This further reinforces the criteria used by the TEAC.<\/span><\/p>","protected":false},"excerpt":{"rendered":"The TEAC determines that the annual declaration does not interrupt the prescription of monthly and quarterly settlements. After the resolution of the Central Economic-Administrative Court (TEAC) published on September 22, a criterion is established that contradicts that maintained by the Supreme Court since 2009, determining that the annual VAT declaration has no effect [\u2026]<\/p>","protected":false},"author":2,"featured_media":58987,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-58982","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-noticias"],"_links":{"self":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/58982","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/comments?post=58982"}],"version-history":[{"count":0,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/58982\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media\/58987"}],"wp:attachment":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media?parent=58982"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/categories?post=58982"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/tags?post=58982"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}