Decision of the Economic Administrative Court of 19 February 2014, related to the period for amending the VAT tax base of the invoice in bankruptcy proceedings. Change of criteria.


With this decision, the Court modified the criteria it had kept up to date and does it match the one maintained by the jurisprudence of the High Court and the provisions of Article 80.Three of Law 37 /1992 of 28 December, Value Added Tax Law, which refers in turn to Article 21.1.5th of the Law 22/2003, of 9 July, Bankruptcy Law.

So must the creditor to inform the bankruptcy administration about the existence of their credits as well as modify the VAT tax base, within one month from the day following the publication in the “Official Gazette” of the bankruptcy.

At the date of this decision, the case law of the Economic Administrative Court maintained two different deadlines for amending the VAT base in bankruptcy proceedings, according to this procedure had character of “general” or “reduced”. Whereas within one month to the “general” and 15 days in the case of “reduced” procedure.

With this decision, the criteria of the Courts is unified in this area, thus contributing to increase legal certainty in this area for the taxpayer, rather complicated in itself, which is the rectification of VAT tax bases in the bankruptcy proceeding.

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