From 1 January 2023, with the publication of Law 16/2022, of 5 September, the maximum periods for deferral and instalments of tax debts with the Tax Authorities will be regulated, thus replacing those established in 2017.

This regulation only covers debts in the voluntary or enforcement period that are collected by the AEAT (i.e. it does not affect debts owed to local or regional bodies).

The maximum instalment periods from 2023 onwards are as follows:

1. If the total debt does not exceed €30,000, it is not necessary to provide guarantees. In this case the deferral will be for a maximum of 6 months for both companies and individuals (previously individuals had a maximum of 12 instalments).
2. On the other hand, if the debt exceeds this amount, the periods vary depending on the surety or guarantees provided:
   • Guarantee: for debts secured by a guarantee or surety insurance certificate, debts may be deferred for a maximum of 9 months (the previous period was 36 months).
   • Other guarantees: if it is not possible to provide a guarantee or surety certificate and other guarantees (such as mortgage, pledge, personal and joint and several guarantee or others) are provided, the maximum period is set at 6 months (previously 24 months).
   • Waiver of guarantees: in the case of waiver of guarantees due to a lack of sufficient assets and proof that the execution of their assets could be very harmful to the continuity of the business (or cause serious losses to the Treasury), the period will be 12 months (as before).

Learn more: How does a paying plan with Tax Agency work?