B Law & Tax provides tax advisory to your company to carry out a correction of self-assessment
During the tax advisory of a company, certain controversies may arise regarding the application of a certain tax incentive. Consequently, most companies choose to avoid risks and do not apply such incentive.
In view of this, B Law & Tax gives you the main keys to consider when applying a correction of your self-assessment.
Firstly, it must be considered that if a taxpayer applies an incentive based on a reasonable interpretation of the rule, the Treasury will not be able to impose any penalty.
However, it is possible that the courts will agree with the Tax Agency (AEAT). In this case, the Tax Agency may demand the unpaid quota and the interest on arrears but may not apply penalties.
On the other hand, there is an effective alternative to prevent your company from being penalized:
- First, the taxpayer must file the self-assessment following the most conservative criteria.
- Once presented, the taxpayer must urge its rectification alleging the origin of such benefit and requesting the return of the income made in excess.
In conclusion, the taxpayer may avoid being sanctioned and the most that will happen is that the requested rectification will be denied.
International Tax & Legal Advisors