
Challenge of Debts
It is essential to analyze the debt required from the responsible person. According to the article 174.5 of
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If you have reached this page, it is very likely that is because you've received a notification of the Tax Agency, where, after your personal data, you receive the following heading:
Since the own Tax Agency, as defined in the following way:
You know how it works, the requirement of debts to third parties through the procedures of derivation of responsibility and the requirement of payment to successors.
In other words, the Management believes that these debts led to the company that headed, and you were a manager or agent, have been generated as a result of your poor management, and that –therefore - you must become responsible for them personally, with your personal assets, your current and future property, without any limitation. This mechanism of derivation of responsibility is being used by the Agency Tax form growing year after year. Thus, in the memory of 2,022 published by the tax agency, it is acknowledged having carried out more than thirty-one thousand referrals of responsibility in 2.022, compared to twenty-nine thousand 2.021.
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In recent years, the tax Administration has significantly increased the procedures of derivation of responsibility. In 2018, the Tax Agency (AEAT) started 10.741 procedures, while in 2021, this figure rose to 29.078, an increase of 158% in three years.
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These are the stages of the procedure of derivation of responsibility. Each has its own deadlines and it is important to act with urgency to be able to use all the possibilities of defense.
In the first four phases, it is not necessary the intervention of a solicitor and barrister; for phase 5, is mandatory.
In the case of the referral of debts to Social Security, there is no phase 4, and upon the filing of an appeal, if this is desestimatorio, as only it is possible to go to the Courts.
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It is essential to analyze the debt required from the responsible person. According to the article 174.5 of
The warranty provided by the principal debtor has suspended the enforcement of the debt
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