The Superior Court of Justice ruled on the repetitive case of Topic 1048, which aimed to define the beginning of the statute of limitations for the tax authorities to assess the tax in cases where the taxpayer failed to file a declaration. The decision was as follows: “Inheritance and Donation Tax – ITCMD. Undeclared donation. Statutory statute of limitations. Art. 173, I, of the CTN. First day of the fiscal year following that in which the assessment could have been made. Topic 1048.”
The discussion arose from the Tax Authorities’ attempt to enforce the understanding that the 5-year statute of limitations to constitute tax credits would only be counted from the moment the Tax Authorities became aware of the ITCMD taxable event, in situations where taxpayers had omitted information.
Maintaining consistency with its case law, the STJ established the understanding that the statute of limitations begins to run from the first day of the fiscal year following that in which the information should have been provided by the taxpayer.
With the judgment of the repetitive case, the STJ put an end to the discussion, establishing that the term for the State Tax Authority to constitute the ITCMD will start in the year following the effective transcription in the real estate registry office, for real estate, and the transfer of the asset, for movable property.
