Amended Self-Assessments and Correction of Self-Assessments

Abstract

Law 13/2023 has introduced a new category of self-assessments, known as «corrective self-assessments» which must be used in specific cases where the taxpayer identifies an error in the initially filed self-assessment and requests its correction to reduce their tax liability. This constitutes a procedural mechanism that effectively replaces the self-assessment rectification procedure established in Article 120.3 of the General Tax Law (LGT), which has sparked significant controversy. The new system, as designed, could potentially limit taxpayers' rights.
This paper analyzes the effects of this new procedure and the main grounds for annulment of the regulatory development of Law 13/2023, as set forth in Royal Decree 117/2024.