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As stated in the report of the Tax Dispute Commission, the practice of tax disputes in 2020 showed that after shortening the statute of limitations from 5 to 3 years, residents and businesses did not request a refund on time and were left legally authorized, and the overpayments were canceled. Disputes were most often started when taxpayers requested a refund of excess VAT payments that covered “current” tax payments.
“The request for recovery of overpayments may be submitted for a longer period, but only with the exceptions provided in the Tax Administration Law. Longer repayment terms of 5 years are applied to overpayments derived from deduction of VAT on fixed assets or personal income tax (except for the calculation of this income tax on individual activities) or when the objective is to demonstrate the desperation of the debts and efforts to recover these debts. The longer limitation period of 10 years applies to the overpayment (difference) of VAT derived from the deduction of real estate VAT.
It is important to note that if a taxpayer takes an action prior to filing a request that indicates that they are aware of the overpayment and seek to recover / offset it, the limitation period to refund the overpayment may be extended. The practice of tax disputes has revealed that the filing of a revised declaration declaring an overpayment was considered an act of this type, ”says the report of the Tax Controversies Commission.
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