We inform you that in the Official State Gazette (BOE) of January 31, 2024, Royal Decree 117/2024, of January 30, which modifies the regulations relating to Personal Income Tax (IRPF), Corporate Income Tax (IS), Value Added Tax (IVA), and Special Taxes and the Tax on Fluorinated Greenhouse Gases, to introduce in these taxes the figure of the corrective self-assessment, which comes to replace the dual system of supplementary self-assessment and request for rectification provided for in the General Tax Law (LGT).
Prior to this change, a dual system of supplementary self-assessments and rectification requests existed. Under this system, a new (supplementary) self-assessment is only permitted when the error is detrimental to the Tax Administration (either due to underpayment or a larger refund or compensation claim than was due), by simply submitting the corresponding form.
Conversely, if the error is detrimental to the taxpayer, they must request the correction of their self-assessment by submitting a written application to the competent authority. The burden of proof regarding the error rests with the taxpayer, who must then await the Tax Administration's decision on whether to grant or deny the correction. If this decision is unfavorable, the taxpayer may be subject to the corresponding appeals and claims.
The aim of the new corrective self-assessment procedure, according to the Tax Administration, is to simplify the latter procedure, so that supplementary and corrective self-assessments function essentially identically.
New corrective self-assessments
In general, taxpayers must rectify, complete or modify the self-assessments submitted for this Tax by submitting a corrective self-assessment, using the declaration model approved by the head of the Ministry of Finance.
However, when the taxpayer's sole reason for rectification is a reasoned allegation of a possible violation by the rule applied in the prior self-assessment of the provisions of another rule of higher legal, constitutional, European Union law, or an international treaty or convention, rectification may be requested through the procedure currently regulated in Article 120.3 of the General Tax Law. If this reason coincides with others of a different nature, the taxpayer must file a corrective self-assessment for the latter. The provisions of this section shall not apply for VAT purposes to:
- Corrections of fees improperly passed on to other taxpayers. This also applies in the area of Special Taxes.
- The modifications of quotas corresponding to operations covered by special regimes.
The corrective self-assessment will not produce effects with respect to those elements that have been regularized by means of a final or provisional assessment and the tax management and inspection procedures and the development of the common rules of the procedures for the application of taxes.
Regarding Corporation Tax, in the case of tax groups that apply the tax consolidation regime, both the corrective self-assessment of the tax group and the individual corrective self-assessments of those entities that are part of the tax group and give rise to the corrective self-assessment of the same must be submitted.
Attention. come into effect when the ministerial order approving the corresponding declaration forms is published.
You can contact this professional office for any questions or clarifications you may have.
Warm regards,
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A Àmbit Assessor, SL has 40 years dedicated to the tax, comptable and labor consultancy of the Pime.
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