Is there a guarantee? What kind of guarantee should be provided?

Clarify your doubts by consulting your particular case

Deferred or instalment payments of tax debts may require security. Whether it is required and its amount depend on the applicable rules, the aggregate amount and the debt’s collection stage; there is no general threshold of 500,000 pesetas.

Exemption up to €50,000 for certain debts

Under Order HFP/311/2023, security is not required for covered public-law debts managed by the Spanish State Tax Agency and other state bodies within the Order’s scope, subject to its exclusions, if the aggregate amount does not exceed €50,000. The calculation includes the debts in the application, other debts for which a deferral or instalment request is pending, and outstanding instalments of previously deferred debts unless they are properly secured. Existing attachments remain in place for debts in the enforcement period. This threshold should not automatically be applied to debts administered under other regimes or by other public authorities.

Types of security and required coverage

Where security is required, the General Tax Law provides for a joint and several guarantee from a credit institution or mutual guarantee society, or a surety insurance certificate. If the taxpayer shows that these cannot be obtained, or that providing them would seriously jeopardise the viability of the business, the authority may accept a mortgage, pledge, personal joint and several guarantee, or other security it considers sufficient. For instalment payments, one security may cover all instalments or separate partial securities may be provided.

The Collection Regulations set different coverage according to the payment period:
• For a debt in the voluntary payment period: the debt and the late-payment interest generated by the deferral, plus 25% of the total of those two items.
• For a debt in the enforcement period: the deferred amount, including the applicable enforcement surcharge, the late-payment interest generated by the deferral, plus 5% of the total of those items.

Waiver or precautionary measures

The law allows a full or partial waiver in specified cases. These include situations where the taxpayer has insufficient assets and enforcement would substantially affect productive capacity or employment, or cause serious harm to the public finances; the authority must check whether there are assets or rights that could be offered as security. A taxpayer may also ask for precautionary measures instead of security where providing security would be excessively onerous and the regulatory conditions are met. Neither a waiver nor substitution is automatic.

Formalising the security

If a deferral is granted subject to security, it must be formalised within two months from the day after notification of the decision. The decision’s effectiveness is conditional on formalisation. A bank guarantee or surety insurance certificate must remain valid for at least six months beyond the secured payment term.

Legal basis: section 82 of General Tax Law 58/2003; sections 48–50 of General Collection Regulations, Royal Decree 939/2005; Articles 1 and 2 of Order HFP/311/2023.