Contradictory expert appraisal.

Sede Electrónica

Contradictory expert appraisal.

The Contradictory expert appraisal constitutes a mechanism for correcting the administrative valuation carried out with the means of article 57.1 of the General Tax Law. It allows taxpayers to react against a valuation by the Administration in cases where, even if it is in accordance with the law, the value determined exceeds the real value of the valued assets. It is regulated in the LGT when dealing with management procedures or inspection.

General information

Regional ministry
Consejeria De Economia, Hacienda, Financiacion Autonomica Y Fondos Europeos
Governing board
Direccion De La Agencia Cantabra De Administracion Tributaria - Acat (DIR3: A06004075)
Classification
Tributary
Subject(s)
Taxes and other taxes
Starting way
Interested
Target
Citizens
Legal entities, self-employed persons and registered professionals
Administration and public employees
Subject to fees
No
Languages ​​in which the procedure can be completed
Spanish
Allow power of attorney
Yes
Links to web pages with specific information
Type

No links are included

Requirements

Request for contradictory expert appraisal.

Deadlines and submission

Deadline for submission

The contradictory expert appraisal may be promoted:

  • When the verification of values is part of a broader procedure (management or inspection), within the period of one month established for filing the first appeal or claim that proceeds against the administrative act that resolves the procedure (i.e. against the settlement made in accordance with the values verified administratively). However, if the tax regulations establish the obligation to notify the act of verification of values in advance and separately, the contradictory assessment may also be raised within the period for challenging the aforementioned valuation act.
  • When the verification of values is the sole object of an autonomous procedure, the appraisal may be requested within the period for challenging the valuation act resulting from it.
    In addition, the possibility is contemplated for the interested party to reserve the right to raise the contradictory expert appraisal when he or she files an appeal for reversal or economic-administrative claim (against the liquidation act or, where appropriate, the act of verification of values), and denounces that the notification omits or does not contain sufficient expression of the data and reasons taken into account to increase the declared values. In this case, the period for promoting the contradictory expert appraisal will also be one month and will be counted from the date of final administrative proceedings of the agreement that resolves the appeal or claim filed.
Submission deadline start date
09/04/2021
Submission deadline end date
-
Periodicity
Continuous
Means of submission
Online and in person
Online submission
At the General Electronic Registry
Art. 14. 2 of the Law 39/2015, of 1 October, of the Common Administrative Procedure of the Public Administrations, establishes the obligatory nature of the electronic management for certain subjects as, for example, a) The juridical persons, b) Entities without legal personality, c) Those who carry out a professional activity for which compulsory membership is required, for the procedures and actions they carry out with the Public Administrations in the exercise of said professional activity. In any case, within this group, notaries and property and mercantile registrars shall be included. d) Those who represent an interested party who is obliged to relate electronically with the Administration, e) The employees of the Public Administrations for the procedures and actions that they carry out with them due to their condition of public employee, in the form in which it is determined by regulation by each Administration.
Place(s) for in-person submission

In any of the places established in Article 134 of Law 5/2018, of 22 November, on the Legal Regime of the Government, the Administration and the Institutional Public Sector of the Autonomous Community of Cantabria.

Required documentation

It is not necessary to provide documentation

Processing and resolution

Instructor board
The administrative body that has issued the administrative act that resolves the procedure or the valuation act resulting from the autonomous procedure.
Attributive rule

Law 58/2003, of 17 December, General Taxation, Art 135.

Reports or opinions
  • Private expert report. (elaboration deadline: 1 month.).
  • Resolution entity
    The administrative body that has issued the administrative act that resolves the procedure or the assessment act resulting from the autonomous procedure.
    Attributive rule

    Law 58/2003, of 17 December, General Taxation, Arts.135.

    Maximum deadline for decision
    According to applicable regulations
    Average deadline for decision
    According to applicable regulations
    Effects of the administrative silence or inactivity of the Administration
    Initiation by request:
    Negative
    Does it put an end to the administrative procedure?
    No

    Appeals

    Type

    Optional appeal for reconsideration.

    Board

    The administrative body that has issued the administrative act that resolves the procedure or the assessment act resulting from the autonomous procedure.

    Deadline
    1 month.

    Regulations

    Regulation applied
  • Law 58/2003, of 17 December, General Tax Law (Arts. 222-225).
  • Royal Decree 1065/2007, of 27 July, approving the General Regulations on tax management and inspection procedures and the development of common rules on the procedures for the application of taxes.
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