The amendment to the Insolvency Law includes new provisions in this area starting in 2023, establishing maximum periods for granting deferrals that vary depending on the guarantee.

Law 16/2022, of September 5, reforming the consolidated text of the Insolvency Law, approved by Royal Legislative Decree 1/2020, of May 5, regulates (in its eleventh additional provision), with effects from January 1, 2023, certain aspects related to the deferral and installment payment of tax debts.

On the one hand, it establishes maximum periods for granting deferrals, which vary depending on the guarantee:

> Maximum term of 6 months in the following two cases: (i) when the payment of the debt is secured with a guarantee other than a bank guarantee and (ii) when no guarantee is required due to the amount of the debt.

> Maximum term of 9 months when the debt payment is guaranteed with a bank guarantee or surety insurance certificate.

> Maximum term of 12 months when no guarantee is required because the taxpayer does not have sufficient assets to guarantee the debt and there is a risk of serious harm in case of execution of his assets.

On the other hand, the maximum quantitative limit of 30,000 euros for tax debt that exempts the taxpayer from providing guarantees is elevated to legal status.

Finally, it should be noted that these measures are expected to only affect tax debts for which the State Tax Administration Agency is competent to manage the collection.

You can contact this professional office for any questions or clarifications you may have.

Warm regards,

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MGI Àmbit

A Àmbit Assessor, SL has 40 years dedicated to the tax, comptable and labor consultancy of the Pime.

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