Ministry of Finance PORTAL INSTITUCIONAL DEL MINISTERIO DE HACIENDA

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Administrative Procedures

General Information

Name

Collection procedure with respect to heirs.

Type of procedure/service
Tax information
Subject
Taxes
SIA code
992006
Description

Procedure aimed at continuing the collection procedure with the heirs or, where applicable, the legatees, in the event of the individual's death; with the partners, participants or co-owners, on confirming the cancellation of the legal status of the company or organisation and with the recipients of the goods and rights in the case of dissolution or liquidation of a foundation.

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

General information on the procedure/service

Instigating party
  • Oficio
Recipient office
  • Administration
Documents
  • The procedure is automatically commenced by the local office.
Deadline for resolution

None

Administrative silence office
Expiry
Competent bodies
  • Tax Agency
End of procedure
No
Appeals
  • 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 authorised under Articles 16 of Law 39/2015.
Stages of procedure
  • Start: Ex officio intervention by the local office. Upon the death of any of the parties liable for payment of the tax debt, the collection procedure shall continue with their heirs and, where applicable, legatees, without further formality than the confirmation of their death and notification to the heirs, requesting payment of the tax debt and pending costs of the originator.
  • Procedure and conclusion: When the heir alleges having exercised the right to deliberate, the collection procedure shall be suspended until the deadline granted for such purpose has expired, during which the heir may request a list of the originator's pending tax debts from the Tax Agency, for merely informative purposes. While the inheritance remains in abeyance, the pending tax debt collection procedure may continue against the heir's assets and rights, for which purpose the actions of the administrator or representative shall be understood. Likewise, upon dissolution and liquidation of a company or organisation, the collection procedure shall continue with its partners, participants or co-owners, on confirming the cancellation of its legal status. Likewise, upon dissolution and liquidation of a foundation, the collection procedure shall continue with the recipients of its assets and rights. The Tax Agency may approach any of the partners, participants, co-owners or recipients or against all of these simultaneously or successively, to request payment of the tax debt and pending costs.
URl for online processing
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Forms
Identification system(s)
  • Electronic DNI
  • Digital certificate
  • 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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