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A query was raised regarding the effect of administrative silence in procedures for the refund of undue payments initiated at the request of a party. The Directorate General of Taxes (DGT) clarifies that if no express resolution is issued after six months, the application is deemed rejected.
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En los procedimientos de devolución de ingresos indebidos iniciados a instancia de parte, el interesado puede entender desestimada su solicitud por silencio administrativo si transcurre el plazo máximo de seis meses sin que se haya notificado una resolución expresa. Esto se fundamenta en el artículo 19.3 del Reglamento general de desarrollo de la Ley General Tributaria.
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