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A query was raised regarding whether the declaration of unconstitutionality of certain fees allows for the refund of amounts paid. The Directorate General of Taxes (DGT) ruled that refunds are not applicable in proceedings with a final resolution, nor in cases where payment was made without challenging the fee.
This ruling limits the ability of taxpayers to reclaim fees that have been declared unconstitutional if they failed to contest the specific assessment or if the administrative process has already reached a final, non-appealable stage.
The tax team reviews your specific situation.
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