New features of Royal Decree 249/2023 of 4 April regarding the revocation of the NIF of commercial companies.

Royal Decree 249/2023, of 4 April, which amends – among other regulations – Royal Decree 1065/2007, of 27 July, on the General Regulations on tax management and inspection actions and procedures and on the development of the common rules for tax application procedures, extends the list of cases in which the Tax Identification Number (“NIF”) of commercial companies may be revoked.

As established in Article 378 of Royal Decree 1784/1996 of 19 July 1996, which approves the Regulations of the Mercantile Register, the closure of a company’s registration page will occur due to failure to deposit the annual accounts, with the consequence that it will be impossible to register company resolutions, with the exception of the dismissal or resignation of directors, revocation or renunciation of powers, appointment of liquidators and entries ordered by a judicial or administrative authority.

In accordance with the above, if such failure to file annual accounts occurs for four consecutive financial years, the Tax Administration will revoke the NIF.

This is in addition to the other circumstance that also causes the closure of the registration sheet: the removal from the Index of Entities for failure to file the corporate income tax return for three consecutive years, pursuant to art. 119 of Law 27/2014, of 27 November, on Corporate Income Tax.

Therefore, companies must take this new situation into account, as well as the way to reverse this situation, as Article 147, in section 8, indicates that “In the case of the cause for revocation in letter f) of section 1, the reinstatement of the tax identification number will only be possible if the non-compliance with the obligation to file the annual accounts with the Mercantile Register is remedied”. Furthermore, if no express decision is sent to the interested party, administrative silence will produce negative effects, i.e., the application for reinstatement will be deemed to have been rejected.