Contradictory expert appraisal

economic-dictionary

The contradictory expert appraisal is the procedure that the taxpayer can start if he does not agree with the valuation of his property and real estate that the Administration has carried out.

Therefore, the contradictory expert appraisal is a right that the taxpayer possesses. This right is exercised through an administrative procedure when the value granted to the property and real estate by the Tax Administration does not coincide with the value claimed by the taxpayer.

The contradictory expert appraisal procedure

It will begin with the presentation of the application for a contradictory expert appraisal. The effect it produces is the suspension of the execution of the liquidation.

Once the application has been submitted, the Administration will carry out a new assessment through one of its experts. On the other hand, the taxpayer will resort to his own expert, to whom he must pay his corresponding fees.

In the event that the difference between the value calculated by the Administration's expert and the appraisal carried out by the expert appointed by the taxpayer, considered in absolute values, is equal to or less than 120,000 euros and 10 percent of said appraisal , it will be that of the expert designated by the taxpayer that is used as the basis for the liquidation. If the difference is greater, then a third expert will have to be appointed.

The assessment made by the third party expert will serve as the basis for the settlement. The expenses of the third expert will be paid by the taxpayer if the appraisal is 20% higher than the declared value. If it is lower, the fees of the third expert will be borne by the Administration.

Example of a contradictory expert appraisal

A taxpayer declares that he owns a property worth 90,000 euros. However, the Administration proceeds to assess the property and estimates that it has a value of 150,000 euros. The taxpayer, in disagreement with the assessment of the Administration, presents the request for a contradictory expert appraisal.

The Administration's expert, coinciding with the initial assessment, estimates the value of the property at 150,000 euros. On the contrary, the expert appointed by the taxpayer values ​​the property at 100,000 euros.

When the necessary assumptions are not met simultaneously (if the difference between the valuations is less than 120,000 euros, but said difference is not less than 10 percent), a third expert is appointed who will value the property at 125,000 euros. It should be noted that the appraisal of the third expert must always be among the values ​​proposed by the Administration's expert and by the taxpayer's expert.

The valuation made by the third expert will be used to calculate the basis for the settlement. As the difference between the appraisal of the third expert and the value declared by the taxpayer is greater than 20 percent, it will be the taxpayer who must pay the fees of the third expert.

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