The Government he has corrected its recognized mistake and has returned to to enlarge until 36 months the maximum term of payment of the deferrals and installments of tax debts with the State Tax Administration Agency. As he told this newspaper in September, the Treasury has included a amendment in the project of budgets of the State for the coming year in which rectify the reduction of said terms that was included by mistake in the recent reform of the Concursal lawpublished in the Official State Gazette at the end of summer.
Said norm included a provision that implied that as of January the term of payment of the tax deferrals was going to be reduced up to a maximum of six, nine or 12 monthsdepending on the cases, compared to the 12, 24 and 36 months still current. From the department he directs Maria Jesus Montero said change was attributed to a certain incoordination between the parliamentary groups in the process of amendments to the bankruptcy bill, although parliamentary sources from the PSOE blamed to the ministry itself. In any case, the Treasury already announced then its intention to correct it in the budget law, since its will was not “harden payment terms”.
This has been done, effectively, in the draft state accounts for 2023, in the final approval phase. This project includes a final disposition which clarifies that the new frame deferrals and installments of tax debts established by the reformed bankruptcy law was only for “pre-bankruptcy situations”, something that was not specified in the law approved in September. Specifically, it is applicable to a debtor who “has communicated to the court competent the opening of negotiations with your creditors“and” provided that the restructuring plan has not been formalized in a public instrument, nor has the continuation plan been approved, nor has the bankruptcy been declared, nor has the special procedure for micro-enterprises been opened.
four installments
In addition to this key clarification, the Treasury has fixed the reduction of the deadlines maximums for the deferrals of said debtors provided for in the reform of the bankruptcy law, although it has not exactly extended them to the previous situation. Thus, you have created a new temporary capwith what will be four instead of three. Thus, a maximum period of six months for deferrals and installments for tax debts of less than 30,000 euros; of 12 months when there is a lack of assets to guarantee the debt and the execution of the patrimony seriously affects its productive capacity; of 24 months when the payment of the debt is guaranteed by a mortgage, pledge, personal and joint bond or another that is deemed sufficient; and of 36 months when it is done via a guarantee from a credit institution or mutual guarantee company or a surety insurance certificate.
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The fixes introduced by the Treasury imply that the tax debtors that are not in pre-competition will continue to apply the previous regimeestablished by an instruction of the Tax Agency of January 2017. Thus, the maximum terms will continue to be up to 36 months if a bank guarantee and surety insurance certificate is provided; from up to 24 months if other guarantees are provided; and from until 12 months in cases of exemption or total dispensation from the obligation to present guarantees. In addition, these maximum terms can be exceeded by exceptional reasons.
The General Council of Economists defended in September that it was not the “right time” to cut deadlines given the current “crisis scenario” and the “need for liquidity” of companies. Its president, Valentín Pich, highlighted that in 2020 facilities for deferral of tax debts for SMEs were approved due to the pandemic, while now, with the problems derived from the war in Ukraine, it had been decided to raise the deadlines to legal rank.