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What is the limitation period and how is it calculated?

Clarify your doubts by consulting your particular case

The limitation period is five years, without prejudice to the effects resulting from the interruption of the limitation period, as discussed in the following section.

The date from which the calculation of the limitation period starts, depending on the right they are talking about. Following the classification we saw in the previous paragraph, the term is calculated as follows:

a) The right to settle (letter a. of the preceding paragraph) within five years counted from the day on which the regulatory period ends for submitting the corresponding statement.

Care in the event of sale of properties in private document, as the date for calculating the limitation period for settlement of transfer tax, is five years from the presentation of the document at the Treasury or from death of any of the signatories. Thus, if this was to be done in private and a self-assessment document was not presented, the administration could withdraw a settlement from a sale of a home, made eight years before. The same applies to the inheritance tax donations made by private document.

b) The right to demand the settled tax debts (letter b. in the previous section), the limitation period begins to run from the date of completion of the regulatory period for tax payment.

c) In the implementation of sanctions (letter c. in the previous section), the limitation period is counted from the time when the respective offenses were committed.

d) Finally, reimbursements of the corresponding fines that had been unduly assessed (letter d. in the previous section), the calculation of the prescription begins on the day on which the undue payment was made.