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A query was raised regarding whether extending an administrative appeal requires payment of the jurisdictional power fee when the Administration issues an untimely resolution. The Directorate-General for Taxes (DGT) ruled that such an extension should not be subject to the fee.
Cuestión planteada Sujeción de la ampliación a la tasa por el ejercicio de la potestad jurisdiccional en el orden civil, contencioso-administrativo y social.
La Ley 10/2012 exime de tasa la interposición de recursos contencioso-administrativos cuando se recurre por silencio administrativo negativo o inactividad. Si la Administración dicta una resolución extemporánea que obliga a ampliar el recurso ya presentado por silencio, esa ampliación no debe estar sujeta a tasa.
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