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A query was raised regarding whether the expiry of a tax assessment procedure prevents the initiation of a new one, and whether consultations concerning ongoing procedures are binding. The DGT ruled that consultations regarding procedures already underway are not binding and that expiry does not prevent the initiation of a new procedure, provided the Administration's right to assess has not lapsed.
Cuestión planteada Solicita contestación a las dos cuestiones planteadas
Las consultas sobre cuestiones relacionadas con la tramitación de un procedimiento iniciado con anterioridad no tienen efectos vinculantes. La caducidad de un procedimiento de aplicación de tributos no impide el inicio de uno nuevo, siempre que el derecho de la Administración para determinar la deuda tributaria mediante la liquidación no haya prescrito (plazo de cuatro años).
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