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The DGT confirms that the reduced taxable base under Article 80.3 of the VAT Law can be applied in such cases.
Question posed: Possibility of modifying the Value Added Tax taxable base corresponding to the unpaid invoice through the procedure provided for in Article 80.Three of Law 37/1992.
El artículo 80.Tres de la Ley 37/1992 es aplicable a las microempresas en el nuevo procedimiento especial de insolvencia mediante una interpretación teleológica. El auto de declaración de concurso se entenderá realizado por el auto de apertura del procedimiento especial. La modificación de la base imponible debe efectuarse en un plazo de tres meses desde la publicación del auto de apertura en el Registro público concursal.
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