New Tax Payment Deferrals for 2023

With the publication of Law 16/2022, of 5 September, reforming the consolidated text of the Insolvency Act, on 6 September 2022, a number of significant changes came into effect — among them, the eleventh additional provision amends the rules on deferrals and instalments of tax debts with the Spanish Tax Authority, with effect from 1 January 2023.

The new rules establish that any agreements granting deferrals or instalment arrangements will be structured with equal monthly instalments, and the maximum permitted periods under the law are as follows:

• 6 months (Art. 82.1, second and third paragraphs, General Tax Act; Art. 82.2.a General Tax Act): Where a guarantee other than a bank guarantee is provided — such as a mortgage, pledge, personal and joint surety, or any other guarantee deemed sufficient. This also applies where the taxpayer is wholly or partially exempt from providing any guarantee at all.
  
  Where it is not possible to provide a bank guarantee or a surety insurance certificate and alternative guarantees are offered instead (such as a mortgage, pledge, personal and joint surety, or similar), the maximum deferral period is set at 6 months. Previously, this was 24 months.
  
  Likewise, deferrals of debts not exceeding €30,000 will be limited to a maximum of 6 months in all cases (previously, individual taxpayers could obtain deferrals of up to 12 months).

• 9 months (art. 82.1, first paragraph LGT): Where the debt is secured by a guarantee or surety insurance certificate.
  
  For debts secured by a guarantee or surety insurance certificate — typically debts exceeding €30,000 — the instalment period will be 9 months. Previously, this period was 36 months.

• 12 months(art. 82.2.b LGT): Where security is waived, in whole or in part, on the grounds that the debtor lacks sufficient assets to secure the debt and enforcement against their assets would substantially undermine the maintenance of productive capacity and employment levels in their economic activity, or would cause serious harm to the interests of Spanish Tax Authority. (unchanged from the previous rules).