Our practice can conduct a contradictory expert appraisal for you and your company to defend your interests when appropriate. These contradictory expert appraisal procedures may be conducted to rectify the checks carried out by the Administration before the first appeal deadline or claim filed against the settlement following the administratively verified values or, when tax regulations provide, against the duly notified expert appraisal decision.
In addition to conducting the contradictory expert appraisal from the beginning, the person concerned may reserve the right to do this if he considers that the notification does not contain sufficient expression of the data and grounds taken into account for the declared values and complains about the omission in an appeal or an economic-administrative claim.
It should be noted that applying for a contradictory expert appraisal, or the decision to reserve this right as indicated in the previous paragraph determines the suspension of the execution of the settlement and the deadline for filing an appeal or claim. Furthermore, submitting the application for a contradictory expert assessment suspends the time limit for starting any sanction procedure resulting from the settlement or, if the procedure has already been started, the maximum time limit for the termination of the said sanction procedure is suspended.
For the contradictory expert assessment, an assessment by an Administration expert is necessary where the calculation of the verified value has not been conducted by means of an expert opinion of the Administration. Then, if the difference between the value determined by the Administration expert and the valuation conducted by the expert appointed by the taxpayer, considered in absolute values, is equal to or less than 120,000 euros and ten percent of the valuation, the expert assessment of the tax obligation will serve as the basis for the settlement. If the difference is greater, a third expert shall be appointed, chosen drawing lots from each list which the legally recognised professional associations or corporations refer to the Administration of Associates willing to function as third party experts.
The taxpayer is responsible for paying the expert’s fees. Where the difference between the valuation carried out by the third expert and the declared value, considered in absolute values, exceeds 20 per cent of the declared value, the expenses of the third expert shall be paid by the taxpayer and, if not, shall be borne by the Administration. However, the third expert may require that his fees be paid in advance ten days before the performance of his duties. Where the cost of the third expert is to be paid by the Administration, the taxpayer is entitled to be reimbursed for the expenses incurred to deposit the funds.
Once the appraisal by the third expert is complete, this is forwarded to the competent tax authority his valuation, and the taxpayer is notified. The third expert’s assessment serves as the basis for the settlement within the limits of the declared value and the value initially verified by the Tax Authority. In other words, the valuation of the third expert may not exceed the value obtained by the Administration or be less than that declared by the taxpayer.