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V1048-16 15 March 2016 · SG de Impuestos Especiales y de Tributos sobre el Comercio Exterior Criterion in force
OTRO · ivpee

CNMC provisional settlements may be used for instalment payments and to correct IVPEE self-assessments

An energy production company has requested clarification on how provisional settlements issued by the CNMC should affect its instalment payments and the self-assessment of the IVPEE. The Directorate-General for Tax (DGT) has ruled that the data from the most recent known provisional settlement must be used. Furthermore, if final data is received late, the taxpayer may rectify the filing or submit a supplementary self-assessment without incurring late payment surcharges.

The question raised

I.- For each month "m" of production, the applicant receives from the National Commission on Markets and Competition (CNMC) a provisional settlement comprising both the amount of electricity sold and other concepts or subsidies. Said settlement is subject to multiple revisions because the parameters are unknown at that time and are adjusted in subsequent months, which is why the CNMC will issue successive provisional settlements for the production month "m" until reaching the definitive one.

The DGT's ruling

For installment payments, if the amount is unknown, it must be provisionally determined based on the latest CNMC settlement available before the deadline. If the self-assessment is submitted without definitive data, the taxpayer may rectify it or file a supplementary return once the data is known. The surcharge for late filing is not applicable if the lack of data is an objective and exogenous circumstance due to it not having been provided by the corresponding body.

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