Portal de Lorca

www.portaldelorca.com

Lorca - SpanishLorca - English
detail of Lorca

 

IU warns that "Treasury threatens to seize victims of earthquakes for the interests of the State of aid that they returned in 2012" (13/11/2018)

The councilor of IU-Greens and coordinator of the affected platform, Gloria Martin, assures that the Tax Agency is acting against the General Tax Law and the Law of the Treasury of the Region of Murcia, which stipulates that "it will prescribe four years the right of the Administration to demand the payment of the tax debts liquidated and self-liquidated "

The councilor of IU Green Lorca and coordinator of the Platform of affected by the return of aid from the earthquakes of 2011, Gloria Martin, has reported that the Tax Agency threatens to seize victims of earthquakes that returned the aid in the years 2012 and 2013.

The settlement of interest for late payment should be made in the same resolution in which it was agreed the origin of the refund, with an express indication of the start and end date of the calculation period of interest for late payment and the percentage or percentage of interest for late payment. applied.

However, those affected received allusive self-assessments exclusively for the reimbursement of the principal, not the interest, "which remained pending review of the files."

For Martin, it is "insane" that this revision occurs six years later and that now the victims of the earthquakes, "have to re-squeeze the pocket."

The councilor of IU-Greens recalled that Article 66 of the General Tax Law, establishes that prescribes at 4 years, the right of the Administration to demand the payment of tax debts settled and self-liquidated.

This term of 4 years will begin to count "from the day following that in which the period of payment in the voluntary period ended".

In the same sense, article 21 of the Revised Text of the Law of the Treasury of the Region of Murcia, approved by Legislative Decree 1/1999, of December 2, which states that "will prescribe the right of the Treasury at four years Regional Public to the collection of credits recognized or liquidated ".

Martín has encouraged those who are in this situation to submit, within a month, appeals for reinstatement before the Service of Collection on the Executive Road.

In addition, they must request the suspension of payment until the appeal is resolved.

In that case, they must provide a sufficient guarantee to secure the debt through a guarantee.

Those affected by this problem can go to the office of the Municipal Group of IU, which will provide them with the resource model and the necessary advice.

Martín also denounced that an embargo has been made to a neighbor, a pensioner, who returned the aid in 2015 and who was only pending payment of the late payment interest that corresponds to the State.

In this regard criticized that, for political interest, the CARM is speeding up the collection of these interests "that neither go to him nor come because it is money for the State", instead of focusing on the closure of the files through the justifying memories.

He also lamented the lack of "agility" of the Government of Spain to solve the issue of interests.

Treasury can not seize below the Minimum Wage

Gloria Martin has also warned that the amount to be seized by the Tax Agency of the Region of Murcia has limitations that are not being met.

In this regard, he recalled that, from an account that is used to receive the salary or pension, the Treasury can not touch the amount corresponding to the minimum interprofessional salary, which for 2018 is set at 735.90 euros.

"They can not leave those affected with the account to zero or prevent the assurance of a minimum personal and family support that allows the person to live with dignity, as recognized in Article 10 of the Spanish Constitution," Martin insisted.

But, in addition, the second section of Article 607 of the Law of Civil Procedure regulates a new limitation to the embargo.

In this way, with respect to the remaining amount, there is also no absolute freedom when deducting amounts, but must be done gradually, depending on the salary or pension received by the affected party.

That is, the second section, which would go from 735.90 euros to 1,471.20 euros (twice the SMI), can be embargoed by 30%.

The third, from 1,471.20 euros to 2,207.10 euros, (three times the SMI) is attachable 50%.

Of the fourth, 60%: and of the fifth, 75%.

From the sixth, 90%.

Those affected should also know that the law gives the court clerk the possibility of applying a reduction of between 10% and 15% of the percentages of the first four sections attachable based on the family burdens of the affected party.

Martín explained that, for example, a debtor who charges 1,000 euros per month could be confiscated 79.23 euros (30% of the part that exceeds the SMI) while another debtor that receives 2,000 euros could be deprived of 484, 99 euros (220.59 euros for the first tranche and 264.40 for the second).

In practice, the Tax Agency is reaching into the bank accounts of those affected without complying with the provisions of the Law, denounced Martín.

Source: IU-verdes Lorca

Notice
UNE-EN ISO 9001:2000 - ER-0131/2006 Región de Murcia
© 2024 Alamo Networks S.L. - C/Alamo 8, 30850 Totana (Murcia) Privacy policy - Legal notice - Cookies
Este sitio web utiliza cookies para facilitar y mejorar la navegación. Si continúas navegando, consideramos que aceptas su uso. Más información