Administrative claims before the TEAR
Administrative claims before the TEAR in Spain
The Regional Economic-Administrative Tribunal (TEAR) is an administrative body in Spain that is responsible for resolving economic-administrative claims filed by taxpayers. The resolutions of the TEAR may be appealed before the contentious-administrative jurisdiction.
If a taxpayer is not satisfied with a resolution issued by the tax administration, he/she can file an economic-administrative claim before the corresponding TEAR. This claim must be filed within one month of notification of the decision being challenged and must be accompanied by the documents evidencing the grounds for the challenge.
The procedure before the TEAR is free of charge and does not require the intervention of a lawyer or attorney, although it is advisable to have the advice of a qualified professional. During the procedure, the TEAR analyzes the documentation submitted by the taxpayer and may request additional information or evidence it deems necessary for the resolution of the matter.
Once the documentation has been analyzed, the TEAR issues a resolution that may confirm, modify or annul the resolution issued by the tax administration. The resolution of the TEAR exhausts the administrative channels and may be appealed before the contentious-administrative jurisdiction within two months.
It is important to note that claims before the TEAR must be based on specific and well-founded grounds. In addition, it is advisable to have the advice of a qualified professional who can guide the taxpayer throughout the process and ensure the defense of their interests.
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