How the DGT's position has evolved
Current position
The classification of a tax infraction requires the Administration's assessment of the objective and subjective elements of the conduct. The act of reporting 'no activity' information does not, in itself, constitute an infraction. The penalty depends on the occurrence of culpability or negligence in each specific case.
The DGT's position remains constant by focusing on the need to assess culpability and the concurrence of objective and subjective elements. The rulings analyze various scenarios, ranging from subsidiary liability to late filing, but always referring the determination of the infraction to the Administration's assessment.
Analysis based on 20 of 20 rulings with a stated position. Updated 25 September 2026.