Eduardo Gracia believes that “more should be listened

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Eduardo Gracia believes that “more should be listened to experts like those in AEDAF, who always present allegations to preliminary projects and regulations of the Tax Administration, without much success in their acceptance. If we were listened to more, litigation, which is high, and the expense that companies and individuals make in court would be greatly reduced.”


From his point of view, “ the disproportion of weapons between the Treasury and taxpayers is notable , especially in the inspection phase and when the Email Data matter becomes litigation. At an international level, initiatives such as BEPS have sought that balance between both parties and opted for arbitration because it was known that these supranational rules were going to generate conflict: Countries like Portugal have incorporated it and are seeing the benefits of using it.”






Mediation with the Treasury

In this context, Gracia recalls how on some occasions there has been talk of creating an extrajudicial conflict resolution system between the Treasury and taxpayers to resolve certain issues in a more expedited and amicable manner. “We have presented it in AEDAF to streamline the litigation processes. There are many issues that could be resolved through mediation or arbitration. The CGPJ also proposed it as an element prior to the resolution of the judicial process, but it has not yet come to fruition.”



From his point of view, “with this initiative a lot of work would be avoided for the courts and many of these issues could be resolved through mediation between the Tax Agency's lawyers and the taxpayer's tax advisors. It would be a way to relieve the courts and generate that legal security that we must provide as a country from our Tax Administration.”

[TBustah!]