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Administrative Procedures

General Information

Name

Tax collection. Precautionary measures.

Type of procedure/service
Tax information
Subject
Taxes
SIA code
997869
Description

Legal instrument for ensuring collection of the tax debt, wherethrough the local office may adopt provisional precautionary measures when there is reasonable evidence that said collection would otherwise be impeded or severely hampered.

The precautionary measure shall be notified to the affected party explicitly mentioning the reasons that justify adoption thereof.

The measures shall be proportionate to the damage to be avoided and in the strictly necessary amount to ensure collection of the debt. Those which can produce damage that is difficult or impossible to repair shall in no case be adopted.

Body responsible for the procedure
State Tax Administration Agency (EA0028512)

General information on the procedure/service

Instigating party
  • Oficio
Recipient office
  • Administration
Documents
  • Provided ex officio by the local office.
Deadline for resolution

None

Administrative silence office
None
Competent bodies
  • Tax Agency
End of procedure
No
Appeals
  • Reconsideration: Application period: One month. Optionally, before the office that issued the administrative ruling being appealed, stating that no economic-administrative claim has been lodged against said ruling.
  • Economic-administrative claim: Application period: One month from the day following notification of the challenged decision or the day on which the proceedings or the prior motion for reversal is deemed as resolved. It should be addressed to the administrative body that issued the ruling being challenged.
Basic Regulations
Place of submission
  • Online
  • AEAT (Tax Agency) offices.
  • Post offices.
  • Other places established in Article 16 of Law 39/2015 (Ley 39/2015).
Stages of procedure
  • Start: Adoption ex officio of the measures by the local office, notifying the affected party explicitly mentioning the reasons that justify adoption thereof. When the tax debt is not settled but the settlement proposal has been communicated during verification or audit proceedings, precautionary measures that ensure collection thereof in accordance with the terms of the article may be adopted. In the case of tax debts relative to withheld amounts or charged to third parties, the precautionary measures may be adopted at any time during the verification and audit proceedings.
  • End: The effects of the precautionary measures will cease in a period of six months from adoption thereof, except in the following cases: a) That they become attachments during the enforcement procedure or during judicial precautionary measures, which shall become effective as of the date of adoption of the precautionary measure. b) That the circumstances that motivated their adoption cease to exist. c) That, at the request of the interested party, their substitution for another guarantee deemed sufficient is agreed. In any case, precautionary measures shall be taken if the party liable for the tax payment has a joint and several guarantee from a credit institution or reciprocal guarantee company or surety insurance company that guarantees collection of the amount of the precautionary measure. If the liable party makes the payment during the voluntary payment period of the tax obligation, the fulfilment of which ensures the precautionary measure, the Tax Agency shall pay the expenses of the guarantee provided. d) That said deadline is extended by motivated agreement, whereupon said extension shall not exceed six months.
URl for online processing
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Forms
Identification system(s)
  • Electronic DNI
  • Digital certificate
  • Other
  • Clave PIN
Integrado en Clave
Yes
Practica notificaciones
  • Postal
  • Electronic notification by means of Electronic Submission
  • Electronic notification by means of Enabled E-mail Address
Sujeto a tasas
No
Level of interactivity
Level 4: Online procedure

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