Tax legislation is evolving, offering taxpayers an unprecedented opportunity to correct their declarations with the introduction of an innovative measure. Under the title “Right to Rectification,” this new provision aims to enable concerned taxpayers to rectify errors, inadequacies, or omissions in their tax declarations, particularly those falling under the RNR (normal actual regime) or RNS (simplified actual regime) tax regimes.

Who Is Affected?

Taxpayers under Corporate Tax (CT) or Income Tax (IT) are targeted, especially those operating under the RNR or RNS regimes. This measure specifically applies to declarations containing errors impacting the turnover or taxable base.

Rectification Procedure

To benefit from this measure, taxpayers must initiate the process by making a request to the tax administration to identify irregularities. Subsequently, they must submit an amended declaration accompanied by an explanatory note detailing the corrections made and justifying the points that have not been rectified.

Contents of the Explanatory Note

The explanatory note holds significant importance. It should include irregularities detected by professionals such as a statutory auditor, an accountant, or a certified accountant. The taxpayer must then specify the corrections made for each relevant element, while justifying, if applicable, the reasons why certain irregularities have not been rectified fully or partially.

Effects of the Measure

The application of this measure has significant implications for taxpayers. It provides exemption from certain penalties related to defects or delays in filing declarations. However, it’s important to note that surcharges for late payment remain applicable, with a fixed rate of 5% and 0.5%.

This new tax measure represents a major advancement in the field of taxation by offering an opportunity for correction and regularization to affected taxpayers. It demonstrates the intent to establish a fairer system aligned with the reality of tax declarations while maintaining reasonable sanctions for payment delays.