- TEAC annulled IVA penalty for violating EU law
- Penalty was fixed at 10% of undeclared amount without considering economic harm
- Penalty related to omission in VAT self-assessment for Q1 2018
- Entity used reverse charge mechanism but failed to declare VAT
- AEAT imposed penalty based on fixed percentage for serious tax offense
- Entity argued omission was unintentional and did not harm tax revenue
- TEAC found penalty disproportionate as no economic harm or fraud occurred
- Ruling based on principle of proportionality and previous Supreme Court decision of July 25, 2023
Source: audiconsultores-etlglobal.com
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
