Lawful tax planning, anti-avoidance clause, tax inspection, assessments, appeals and statute of limitations.
The line between tax planning and fraud is defined in Art. 15 of the General Tax Law (LGT): the general anti-avoidance clause.
Tax planning is lawful when applying express legal benefits, choosing the most efficient legal form, or organizing business structure with economic substance. It crosses the line when operations lack real economic substance, create artificial structures solely to avoid tax, or obtain a result equivalent to the taxable event while avoiding taxation.
Phases: initiation (notification with scope), development (max 18 months, extendable to 27), documentation (findings, communications, reports), termination (assessments).
Assessment types: Agreement (30% penalty reduction), Disagreement (opens appeals), Negotiated (50% reduction, non-appealable).
General period: 4 years from the day after the voluntary filing deadline. Any formal administrative action interrupts and restarts the period.
When evaded tax exceeds 120,000 EUR per tax and period, it becomes a criminal offense. Penalties: 1-5 years prison (basic), 2-6 years (aggravated over 600,000 EUR). Voluntary regularization before notification of proceedings exempts from criminal liability.
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What is the general tax statute of limitations in Spain?
Above what amount does tax fraud become a criminal offense?
What penalty reduction does an agreement assessment carry in an inspection?
What is the ordinary maximum duration of an inspection procedure?
Does voluntary regularization before notification of proceedings exempt from criminal liability?
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