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An advisor inquired whether a transcription error in Corporate Tax Form 200, which was not detected by the Tax Agency's software, is subject to penalties. The Directorate General for Taxes (DGT) stated that the managing Administration must assess each case to determine if the error stems from a technical deficiency in the software.
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La existencia de una infracción tributaria depende de la concurrencia de elementos objetivos y subjetivos. Según la LGT, no hay responsabilidad por infracción cuando la acción es imputable a una deficiencia técnica de los programas informáticos de la Administración. No obstante, la valoración de este supuesto solo puede realizarla la Administración tributaria gestora en cada caso concreto.
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