CALCULATION OF INTEREST FOR DEBT DEFERRAL

Use this Excel sheet to calculate the interest you will have to pay for deferring a tax debt.

simulador-basico-calculation-of-interest-for-debt-deferral

Application

You can request a deferral or installment plan for your debt at any time, during both the voluntary and enforcement periods. However, debts arising from amounts withheld from third parties (such as withholdings from your employees’ wages) cannot be deferred, although the Tax Agency may grant such a deferral in exceptional circumstances.

Deferrals or payment plans are not granted if the lack of liquidity is structural, rather than temporary. In any case, the Administration must justify the denial.

In your request for deferral, you must consider the points indicated below.

Guarantee commitment

If the deferred debt exceeds 30,000 euros, the application must be accompanied by an irrevocable commitment from a financial institution to provide a joint and several guarantee in favor of the Administration.

Please note that if you provide a guarantee in the form of a bank guarantee or surety bond, the interest you will be charged will be calculated at the legal interest rate. Otherwise, the applicable rate is the default interest rate, which is higher.

Partial guarantees

In the case of installments, provide a guarantee for each of the payments you have to make, so that you don’t have to wait for all the installments to be paid in order to cancel it.

If they do not grant him the guarantee

You must justify to the Administration that you have not been granted an irrevocable guarantee (provide a letter from your bank denying it), and propose as collateral a non-possessory pledge on one of your assets. In this case, provide an impartial valuation of these assets, and a copy of your latest annual accounts and audit report, if available.

Request a waiver of guarantees if you do not have sufficient assets and the execution of your assets could substantially affect your productive capacity or employment level.

If the guarantee is a bank guarantee from a credit institution or a Mutual Guarantee Society, or a surety bond, the deferred amount accrues legal interest. In all other cases, default interest accrues.

While waiting

The Administration has six months to respond. If one of the proposed payments becomes due within this period – and before you have received a response – please make the payment as soon as possible.

If your request for deferral is denied, please make the payment on the date indicated in the decision, plus the corresponding late payment interest. This is without prejudice to any possible appeal against the denial.

In case of errors in the application, you will be required to correct them within ten days:

  • If you do not comply with the requirement, the application will be considered not submitted.
  • If the requirement is met but the Administration considers that it is not rectified, the request is denied.
  • The application for deferral of non-deferrable debts, or the application for debts derived from self-assessment, is also considered not to have been submitted if it has not been submitted before or together with the application for deferral.

 

 

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