Guarantees in deferments

If a taxpayer has liquidity problems, they can request the deferral of payment of a tax (except in some cases where the law expressly states that the payment cannot be deferred). And this deferral can be made without providing guarantees as long as the amount does not exceed 50,000 euros (to determine if this amount is exceeded or not, the total of the deferred debts is taken into account, without counting those for which guarantees have been provided).

The Tax Office can also completely or partially waive the provision of guarantees if the debt exceeds 50,000 euros but the following three requirements are met:

• That it has not been possible to obtain a guarantee from a financial institution (which is the priority guarantee required by the Tax Office).
• That the applicant lacks sufficient assets to guarantee the deferred debt.
• And that the execution of their assets could substantially affect the maintenance of their productive capacity and employment levels, or cause serious losses to the interests of the Tax Office.

In all other cases – that is, when the amount to be deferred exceeds 50,000 euros and the applicant has sufficient assets – they must guarantee said debt. For these purposes:

• The amount of the guarantee must cover the tax debt plus late payment interest and an additional 25% of the sum of both amounts.
• The guarantee must meet the legal sufficiency requirement; that is, there must be a real possibility of executing it.

Since the Tax Office gives priority to joint guarantees from a credit institution or a mutual guarantee society, or to surety insurance certificates, when requesting the deferral, the commitment of guarantee from the financial or insurance institution must be provided, whose validity must exceed at least six months beyond the maturity of the guaranteed deadlines.

If the applicant proves that it is not possible to obtain such a guarantee or surety insurance certificate, or that providing it seriously compromises their economic viability, the Tax Office may accept other types of guarantees, such as a real estate or personal property mortgage, a pledge, a joint and several personal guarantee, or any other guarantee deemed sufficient.

 

Our professionals will inform you about the procedures to follow in case you need to defer the payment of a tax.