Certificates. Issue of certificates of succession of activity
General Details
Denomination
Certificates. Issue of certificates of succession of activity
Procedure type
Taxation
Subject
Taxes
Purpose
Procedure by which a certificate of debts, penalties and tax liabilities is issued in favor of anyone who intends to acquire ownership of farms and economic activities, with the purpose of limiting joint liability for tax obligations prior to the acquisition, as referred to in article 42.1.c) of Law 58/2003, of December 17, General Tax Law.
Responsible body
State Revenue Office
General information about the procedure
Start form
interested
Applicant: Citizen - Company
Place for presentation
Telematics.
AEAT offices.
Post Offices.
Other places contemplated in article 16 of Law 39/2015.
Documentation
Request for certificate
Phases of the procedure/service
Initiation. Application for a certificate to acquire ownership of farms and economic activities, subject to the prior consent of the current owner. Certifications, regardless of their content, will not be effective if the date of submission of the application for their issuance is later than the date of acquisition of the farm or economic activity in question.
Processing and completion. The tax authorities must issue this certification within three months of the request. In such case, the purchaser's liability will be limited to the debts, penalties and liabilities contained therein. If the certification is issued without mentioning debts, penalties or liabilities or is not provided within the specified period, the applicant shall be exempt from the liability referred to in said article. The exemption or limitation of liability arising from these certifications shall only take effect with respect to debts for the settlement of which the Administration from which the certification is requested is competent.
Forms
Resolution deadline
3 months
Resolution body
State Revenue Office
Resources
Only a written complaint regarding the content of the certificate will be accepted within the 10-day period by which the modification is requested.
Information related to electronic processing
Identification system
Electronic ID, Electronic Certificate, PIN Code
Level of interactivity
Level 4: Electronic processing
Regulations
Basic Regulations
-
Ley 58/2003, de 17 de diciembre,
General Tributaria. Artículos 42 y 175. (BOE 18-diciembre-2003)
-
Real Decreto 939/2005, de 29 de julio,
por el que se aprueba el Reglamento General de Recaudación. Artículo 125. (BOE 2-septiembre-2005)
-
Resolución de 22 de enero de 2013, de la Presidencia de la Agencia Estatal de Administración Tributaria,
sobre organización y atribución de competencias en el área de Recaudación. (BOE 25 - enero - 2013)