General

A public auction is a transfer procedure to sell goods (movable property or real estate) or rights to the highest bidder arising from seizures made by the Tax Agency, or the enforcement of rights in rem given as a guarantee to the Tax Agency. The auction will be unique and will be conducted by electronic means on the Auction Portal of the State Agency Official State Gazette .

There are other forms of transfer of this type of asset, such as tendering or direct award, but auction is the ordinary procedure for transfer and shall be used insofar as no other form of transfer is expressly applicable by law.

Repossessed or foreclosed assets are those that are seized, in accordance with the law, to secure debts or defaults that may have been incurred. These assets will be subject to public auction to cover such defaults.

Once the competent collection body agrees to the sale by auction of the seized assets that it deems sufficient to cover the debt pursued and the costs derived from the enforcement procedure, it will notify the alienation agreement with the content and to the persons established in article 101 of the General Collection Regulations .

Once the notifications have been made, at least 15 days shall elapse before the electronic auction is held.

After these 15 days, a notice of the auction will be published in the BOE and the auction will be open for bidding at least 24 hours after the publication of the notice. The Auction Portal shall contain all the essential details of the auction and the goods to be auctioned.

The submission of bids will be carried out, in all cases, electronically on the Auction Portal of the State Agency Official Gazette during twenty calendar days from its opening. In order to participate in the auction as a bidder and place bids, it is mandatory to be registered on the Portal and make a deposit of 5% of the auction rate when the goods or lots you wish to bid on are real estate, or a deposit of 10% of the auction rate when the goods or lots you wish to bid on are exclusively movable property.

The auction shall not close until one hour has elapsed since the last bid was placed, even if this entails an extension of the time limit initially set, with a maximum extension limit of 24 hours.

At the end of the bid submission phase, the Committee will meet within 15 calendar days and will proceed to the award of the goods or lots in accordance with the following:

• If the best bid submitted is equal to or higher than 50% of the auction price of the asset, the Committee shall award the asset or lot to the bidder who submitted that bid.

• If the best bid submitted is less than 50% of the auction price of the asset, the Committee shall decide, taking into account the public interest and without there being a minimum award price, whether this bid is sufficient to award the asset, and if not, will declare the auction void.

Once the corresponding agreement has been adopted, the auction shall be deemed to have finished and the minutes shall be drawn up by the secretary of the Committee.

The successful bidder will be notified of the award, requesting them to pay the difference between the total award price and the amount of the deposit within 15 days of the date of notification, with the warning that if they fail to do so within that period, they will forfeit the amount of the deposit, which will be applied to the cancellation of the debts subject to the procedure. All this, without prejudice to the responsibilities that the successful bidder may incur for the damages caused to the Administration by the non-payment of the auction price and to whose compensation they will be obliged in any case.

Once the auction (the difference between the total award price and the amount of the deposit) has been paid, the successful bidders will be given the certificate of the act of award of the goods, except in cases where they have opted for the execution of a public deed of sale.

It should be noted that at any time prior to the issuance of the certification of the deed of adjudication of the assets, or, where appropriate, prior to the granting of the public deed of sale, the seized assets may be released by paying the amounts established in article 169.1 of the General Tax Law .