The ex officio determination made by the Municipality must be notified to the taxpayer physically or by email, as indicated by the taxpayer at their establishment, with the observations regarding the charges brought against them and the infractions they are estimated to have committed, indicating the amount owed and the fines. In addition, the appeals available against said act, the time to file them, and the body before which they must be filed shall be indicated.
The ex officio determination or the requalification made by the Municipality must be notified to the taxpayer at their establishment, or at the email address the taxpayer indicated, with the observations regarding the charges brought against them and the infractions they are estimated to have committed, indicating the amount owed and the fines. In addition, the appeals available against said act, the time to file them, and the body before which they must be filed shall be indicated.
Means of Notification The Municipal Tax Administration may use the following forms of notification:
- a)Personally, when the licensee appears at the offices of the Administration, in which case record of its notification must be left in the respective file.
- b)By notification made via public or private mail, or by telegraphic communication systems, via email, to a means that has been indicated, to some type of electronic mailbox, facsimiles, and similar means, provided that such means allow confirmation of receipt and this has been indicated as such by the administrated party. Notification may be made by email, in accordance with the principles of Ley 8687, Notificaciones Judiciales, of December 4, 2008, and without prejudice to the regulatory establishment of systems to guarantee that notification by electronic means is effective and protects the rights of the licensee to due process.
The Municipal Tax Administration may establish by regulation the obligation to have a permanent electronic mailbox. In this case, the Municipal Tax Administration must implement a reasonable alert system for the existence of a notification, whether by text message to the cell phone number indicated by the taxpayer or to the email address designated by them, in accordance with the principles of Ley 8687, Notificaciones Judiciales, of December 4, 2008.
Notifications carried out by the means indicated in this subsection shall produce the effects of those carried out at the constituted tax domicile (domicilio fiscal).
- c)By means of notification delivered by authorized officials of the Municipal Administration or by public offices or police authorities entrusted with such diligence.
In these cases, the notifiers must leave record of the delivery of the notification to the licensee or their representative, requesting their signature. If the licensee or their representative does not know how or is unable to do so, a third party of legal age may sign at their request. If the licensee or their representative refuses to sign or receive the notification or is not at their domicile, the notification must be delivered to any person over fifteen years of age who is at the domicile of the interested party, requesting that they sign the respective record. In any case, the record of the diligence must state the delivery of the letter or summons and the name of the person receiving it. If this person does not know how, does not want to, or cannot sign, the notifier must record this under their responsibility. The notifier, upon delivering the notification or summons, must indicate the date and time of its delivery at the foot of it.
- d)By means of a single edict published in the official gazette La Gaceta or in a private newspaper with the largest circulation in the country, when the domicile of the interested party is unknown or in the case of persons not domiciled in the country, or when the existence of an agent in the Republic is not known to the Administration.
In these cases, the interested party is considered notified, as provided in Ley 8687, Notificaciones Judiciales, of December 4, 2008, and as established in the Código de Normas y Procedimientos Tributarios, Articles 137, 137 bis, 139, and in the Reglamento del Procedimiento Tributario, Articles 90, 91, 92, 93, 94, 95, 96, 97, 98, 99.