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A query was raised regarding which authority is competent to resolve procedures for declaring nullity de jure. The Directorate General for Tax (DGT) clarifies that, within the scope of state competencies, such resolution falls to the Minister of Finance.
Cuestión planteada Órgano competente para la resolución del procedimiento de nulidad de pleno derecho.
De acuerdo con el artículo 217.5 de la Ley General Tributaria, en el ámbito de competencias del Estado, la resolución del procedimiento de nulidad de pleno derecho corresponderá al Ministro de Hacienda. El procedimiento puede iniciarse de oficio por el órgano que dictó el acto o su superior, o a instancia del interesado.
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