The tax authorities raise the limit exempt from the obligation to provide a guarantee in requests for deferment or installment payment to 50,000€
The Tax Authorities have raised from €30,000 to €50,000 the limit exempt from the obligation to provide guarantees in the requests for deferment or fractionation of tax debts. This new amount affects the debts derived from rights of public nature of the State Treasury and will only affect the requests for deferment and fractionation that are requested from April 15, 2023.
We inform you that Order HFP/311/2023 has been published in the BOE of March 31, 2023, which raises the limit exempted from the obligation to provide guarantee in the requests for deferment or installment payment to 50,000 euros.
The previously established limit of 30,000 euros has been considered obsolete and insufficient considering the current socioeconomic situation, marked by the Russian invasion in Ukraine, the escalation of energy prices, the aftermath of the COVID-19 crisis, together with the passage of more than 7 years since its approval.
For all these reasons, with the purpose of granting facilities to the obligor in the payment of its obligations, the present Order raises up to 50,000 euros the exemption from the obligation to provide guarantees to be able to access the payment in installments or deferred payment.
When will the change be effective?
It will apply to deferrals filed on or after April 15, 2023.
Deferment and installment payment requests that are in process as of April 15, 2023 will continue to be governed by the provisions of the regulations in force on the date of filing the corresponding request.
Which debts can you defer and defer?
The debts derived from rights of a public nature of the State Treasury managed by the State Tax Administration Agency and other bodies of the General State Administration and its autonomous bodies, with the exclusion of the following:
- Debts referred to in Regulation (EU) No. 952/2013 of the European Parliament and of the Council of 9 October 2013 establishing the Union Customs Code, which shall be governed by the provisions of that Regulation, except for those incurred in application of Article 105(4) thereof.
- State tax debts and penalties referred to in the eleventh additional provision of Law 16/2022, of September 5, on the reform of the consolidated text of the Bankruptcy Law, approved by Royal Legislative Decree 1/2020, of May 5, for the transposition of Directive (EU) 2019/1023 of the European Parliament and of the Council, of June 20, 2019, on frameworks for preventive restructuring, debt waivers and disqualifications, and on measures to increase the efficiency of restructuring, insolvency and debt waiver proceedings, and amending Directive (EU) 2017/1132 of the European Parliament and of the Council on certain aspects of company law (Restructuring and Insolvency Directive).
Which debts are not affected by the modification?
For the time being, the autonomous regions’ own taxes have not been included, but they normally adopt the state criterion. So, we will be attentive to possible new developments in this area to inform you promptly.
How will the amount of the debt be determined?
At the time of the application, both the debts referred to in the application itself and any other debts of the same debtor for which the deferment or installment payment has been requested and not resolved, as well as the amount of the pending maturities of the deferred or installment debts, unless they are duly guaranteed, will be accumulated.
The accumulable debts will be those that appear in the databases of the competent collection body, without it being necessary to consult the other bodies or organizations included in the scope of application of this order for the purpose of determining all of them. Nevertheless, the competent collection bodies will compute those other accumulable debts that, not being included in their databases, have been communicated to them by other bodies or organizations.
You can contact this professional office for any doubt or clarification you may have in this regard.
For further information, please contact our Tax Consultants.
