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A taxpayer asks whether they can request a refund of undue payments after having paid Transfer Tax instead of VAT for a judicial auction. The DGT does not rule on the merits of the case because the inquiry was made after the self-assessment had already been submitted.
Cuestión planteada Si sería posible solicitar la devolución de ingresos indebidos del importe pagado en concepto de transmisiones patrimoniales onerosas.
La consulta no es procedente para resolver si la operación debía tributar por IVA o por ITP porque se ha formulado tras la autoliquidación. Respecto a la devolución de ingresos indebidos, el plazo de prescripción para solicitarla es de cuatro años según la Ley General Tributaria.
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