Obligacion tributaria

Determinación de la obligación tributaria

*Ocurrido el hecho imponible previsto en la ley, y cuya materialización da lugar al nacimiento de una determinada obligación tributaria, los sujetos pasivos habrán de determinar y cumplir por si mismos la referida obligación o en su defecto, suministrar la información pertinente para que la determinación pueda ser realizada por la AdministraciónTributaria.

Se entiende por determinación o liquidación de la obligación tributaria al acto o conjunto de actos mediante los cuales se declara o no la existencia y cuantía de un crédito tributario.

Se conocen dos clases de determinación de la obligación tributaria a saber:

La Autodeterminación

La Determinación de oficio

La Autodeterminación es el acto mediante el cual el propio sujetopasivo (contribuyente) por medio del documento denominado planilla de liquidación, determina y cuantifica la obligación tributaria.

La determinación de oficio (contemplada en el artículo 130 del Código Orgánico Tributario) es el acto administrativo mediante el cual el sujeto activo (el Estado) procede a determinar y cuantificar la obligación tributaria, cuando se tiene conocimiento de lossiguientes casos:

a).- Cuando el Contribuyente no haya declarado.

b).- Cuando existen dudas sobre la declaración.

c).- Cuando no presente el contribuyente los libros contables.

d).- Cuando la declaración no esté debidamente respaldada por documentos de contabilidad que permitan conocer los antecedentes y el monto de las operaciones para calcular el tributo.

e).- Cuando los libros, registrosy demás documentos no reflejen el patrimonio real del contribuyente.

El Artículo 131 del Código Orgánico Tributario plantea dos sistemas para la determinación de oficio por parte de la Administración Tributaria, a saber:

“1. Sobre base cierta, con apoyo en todos los elementos que permitan conocer en forma directa los hechos imponibles.

2. Sobre base presuntiva, en mérito de loselementos, hechos y circunstancias que por su vinculación o conexión con el hecho imponible permitan determinar la existencia y cuantía de la obligación tributaria”

Visto lo anterior, podemos decir que:

*Se entiende por determinación de la obligación tributaria sobre base cierta, cuando se cuenta con el apoyo de los elementos que permitan conocer en forma directa los hechos generadores del tributo,entre estos elementos ciertos y directos encontramos los respectivos montos de las partidas de ingresos brutos, de costo y los de gastos, que conforman la materia gravable, para poder determinar así la base imponible.

*Se entiende por determinación de la obligación tributaria sobre base presuntiva, cuando se determina a través de hechos o circunstancias, que por su vinculación o conexión normalcon el hecho generador de la obligación, permitan determinar su existencia y cuantía.

Base imponible concepto. Comunes que integran la base imponible

La cantidad indicativa de una capacidad económica determinada sobre la que se fija el pago de los tributos o impuestos

Aquella circunstancia cuya realización, de acuerdo con la ley, origina la obligación tributaria. Son hechos imponiblescomunes la obtención de una renta, la venta de bienes y la prestación de servicios, la propiedad de bienes y la titularidad de derechos económicos, la adquisición de bienes y derechos por herencia o donación

Reglas comunes para la determinación de la base imponible. Cuotas impositivas en el país

La alícuota impositiva aplicable a la base imponible correspondiente será fijada anualmente en laLey de Presupuesto y estará comprendida entre un límite mínimo de ocho por ciento (8%) y un máximo de dieciséis y medio por ciento (16,5%).

Sin perjuicio del anteriormente establecido, se aplicará la alícuota impositiva del cero por ciento (0%) a las ventas de exportación de bienes muebles y a las exportaciones de servicios.

Determinación base imponible; facturación en moneda extranjera…

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