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V2511-20 23 July 2020 · SG de Tributos Criterion in force
IS · imputación temporal

No right to file supplementary returns or rectifications to obtain higher refunds following a final assessment

The taxpayer inquired whether they could attribute expenses to subsequent financial years following a tax authority correction, and whether they could file a supplementary tax return to obtain a larger refund. The Directorate-General for Taxes (DGT) ruled that expenses already recorded cannot be reallocated, and that neither supplementary self-assessments nor rectifications are permissible once a final assessment has been issued.

The DGT's ruling

The imputation in another fiscal year of expenses recorded in the legally appropriate period and subsequently annulled by verification is not permissible, except as provided for in Article 11.3.1º of the LIS. The filing of supplementary tax returns is only permissible if it results in a higher amount to be paid or a lower refund/offset. The modification of a declaratory act that has already been subject to definitive assessment by the Administration is not possible.

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