Pre-bankruptcy situations

A restructuring plan is a pre-bankruptcy instrument used to provide viable debtor companies with an effective procedure to avoid or emerge from insolvency.

Its purpose is to modify the composition, conditions or structure of the debtor's assets and liabilities, or its own funds, including transfers of assets, productive units or the entire company in operation, as well as any necessary operational changes, or a combination of these elements.

To begin prior negotiations with the AEAT in order to reach a restructuring, continuation or liquidation plan, you must:

1. Submit a document through the general registry of documents of the AEAT or through the Electronic Office, accessing the procedure “Previous negotiations to reach a restructuring plan”, in which you indicate that you want to start said negotiations and provide the documentation you consider necessary to justify the same.

2. Come to our offices. It is recommended to make an appointment to avoid waiting. You can request an appointment online using the Assistance and Appointment option.

3. Call the Collection Information and Assistance Telephone Service.

In accordance with the provisions of article 627 of the TRLC, the debtor must communicate the restructuring plan to all creditors whose credits could be affected and in the case of the AEAT, as a public creditor, this communication must be carried out through this procedure that has been carried out. entered in the electronic headquarters of the AEAT and which can be accessed in the MANAGEMENTS section.

The proposed Restructuring Plan must be attached, along with the communication of the restructuring plan, with the content included in article 633 of the TRLC.

Any natural or legal person who carries out a business or professional activity and who is in the probability of insolvency, imminent insolvency or current insolvency (without having yet declared bankruptcy), regardless of whether he or she has notified the competent court of the existence of negotiations with its creditors or the intention to carry them out.

In the case of a legal entity debtor, it corresponds to the debtor's administrative body.

The restructuring plan may not result in a reduction in the amount of AEAT credits; the change of applicable law; the change of debtor, without prejudice to a third party assuming the payment obligation without releasing that debtor; the modification or extinction of any guarantees they may have; or the conversion of the credit into shares or social participations, into a participatory credit or loan or into an instrument with characteristics or rank different from those held by the originator.

In order for AEAT credits to be affected, the following are required:

1. That the debtor proves, both at the time of submitting the communication opening negotiations, and at the time of requesting judicial approval of the plan, that it is up to date with compliance with tax obligations, by submitting it to the court of the corresponding certification issued by the AEAT

2. That the credits are less than two years old, computed from the date of their accrual in accordance with tax regulations until the date of presentation in court of the communication opening negotiations.

The AEAT credits affected by the restructuring plan must be fully satisfied within the following deadlines:

1. Twelve months from the date of the approval order of the restructuring plan, in general.

2. Six months from the date of the approval order of the restructuring plan, in the event that a deferral or installment had previously been granted for said credits.

1. When we are faced with a restructuring plan not formalized in a public instrument:

   A postponement or installment may be requested when the economic-financial situation temporarily prevents you from making the payment within the established deadlines, and this may be granted in the specific terms established in Additional Provision 11 of Law 16/2022, of September 5.

   The concession agreements issued will have terms with equal installments and monthly expiration, and in no case may they exceed those regulated below:

   1. Maximum period of 6 months, for those cases in which the circumstances provided for in article 82.2.a) LGT occur, and they are legal persons or entities referred to in section 4 of article 35 of the same Law. .

   2. Maximum period of twelve months, for those cases in which the circumstances provided for in article 82.2.b) LGT occur, or when it concerns natural persons and the circumstances provided for in article 82.2.a) of the aforementioned Law occur.

   3. Maximum period of 24 months, for those cases in which postponements and installments are guaranteed in accordance with the provisions of article 82.1, second and third paragraphs of LGT.

   4. Maximum period of 36 months for cases in which deferrals and installments are guaranteed in accordance with the provisions of article 82.1, first paragraph of LGT.

2. When we are faced with a restructuring plan formalized in a public instrument:

   • If public law credits are included in the scope of the restructuring plan, they must comply with the provisions of said plan, respecting in all cases the provisions of article 616 bis of the TRLC.

   • If public law credits are not included in the scope of the restructuring plan, the debtor may request deferral or fractionation in accordance with the general deferral regulations provided for in the LGT and its implementing regulations.