When the agents mentioned in Article L. 115-16 find that there is a shortfall, inaccuracy, omission or concealment in the information used as a basis for calculating the taxes or contributions, they send the taxpayer a proposal for rectification, giving reasons so that the taxpayer can make his or her observations known or accept the proposal.
This proposal states the amount of duties evaded and the related penalties. It specifies, on pain of nullity, that the taxpayer may be assisted by counsel of his choice to discuss the proposed adjustment or to respond to it.
It is sent by registered post to the taxpayer, who has thirty days in which to submit his observations.
A reasoned reply is sent to the taxpayer if his observations are rejected.
The bases of the proposed rectification are assessed ex officio if an on-site examination of the relevant documents cannot take place due to the taxpayer or a third party as provided for in Article L. 115-16.
The officials referred to in Article L. 115-16 may automatically establish the tax base on the basis of the taxpayer’s own data or, failing this, by reference to the turnover achieved by a comparable taxpayer.
The taxable person shall be notified of the bases or factors used to calculate the ex officio assessments and the methods used to determine them at least thirty days before the assessments are levied.