Legal basis · Tax field audit

Spain

estimación indirecta — indirect assessment

Findings at a glance

  • Traceability of the calculation
  • Completeness of the data basis
  • Business-specific benchmark
  • Requirements for counter-evidence
  • Burden of proof and its reversal
  • Official benchmark tables
  • Data access and format
  • Intensity of judicial review

exceeded · met

Traceability of the calculationexceeded

The indirect assessment must be reasoned; the report must set out the methods and the calculations.

CitationLey 58/2003 (LGT) art. 53 · art. 158

What we provideEvery figure is traceable down to the individual document. The chain of calculation can be walked in both directions — from the result to the document and back.

Completeness of the data basisexceeded

Sector data, comparable businesses and indicative evidence are permitted; a full survey is not required.

CitationLey 58/2003 (LGT) art. 53.2

What we provideA full census across all accounts, suppliers and product groups. No sampling is used; 100 per cent is the upper limit and cannot be exceeded by any method.

Requirements for counter-evidenceexceeded

Evidence may be adduced against the report on the indirect assessment.

CitationLey 58/2003 (LGT) art. 158.3

What we provideA closed system: purchasing, production, masses, unit counts, sales channel and revenue support one another. A single incorrect figure shows up against the others.

Further information — 5 axes

Business-specific benchmarkexceeded

The objective assessment regime works with modules (floor area, staff, consumption) rather than with the business’s own data.

CitationLey 35/2006 (IRPF) art. 31 · jährliche Orden HFP

What we provideThe calculation rests on the recipes and quantities of the audited business, not on an industry average.

Burden of proof and its reversalmet

Indirect assessment presupposes that the tax base cannot be determined by any other means.

CitationLey 58/2003 (LGT) art. 53.1

What we provideThe evidence is prepared so that the reversal of the burden remains traceable and the counter-evidence engages with the calculation, not with the objection.

Official benchmark tablesexceeded

Módulos and sector figures published by the AEAT.

CitationOrden HFP (jährlich) · AEAT

What we provideThe actual mark-up of the business is determined and set against the official figure — with a reasoned classification.

Data access and formatmet

Production of the accounts and near-real-time turnover data under the SII.

CitationReal Decreto 596/2016 (SII) · LGT art. 142

What we provideOutput in the audit formats required by the respective country; the raw data is preserved unchanged.

Intensity of judicial reviewmet

Review by the economic-administrative tribunals and the administrative courts.

CitationLey 58/2003 (LGT) art. 226 ff.

What we provideThe dossier is built so that a court can follow it without having to calculate anything itself.

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