It complains that the tax office has no means to deal with insolvency or partial rehabilitation of taxpayers
MADRID, 8 (IRIN)
The Court of Auditors puts into question the collection efficiency embargo safes in banks as a mechanism to combat the apparent insolvency, in the light of the income from the tax office (AEAT) in 2013 –the first year of implementation of the medida– this way. just 0.6% of the persecuted, especially two million of the 319 planned
This is stated in the ‘Report control of the activity performed by the Inland Revenue for the effective collection of tax debts during the years 2012 and 2013 ‘of the body that presides Ramon Alvarez de Miranda, document that has had access to Europa Press.
According to the report, in 2013 AEAT officials appeared at 542 times in 270 branches of 24 banks across the country and seized 344 boxes of security. His intention was to recover up to 319 million euros of debt that 551 physical and legal taxpayers had with the Treasury, but “ultimately only 2 million euros was raised”, equivalent to 0.6% of the total and reveals a “limited collection efficiency”, according to the Court.
With the same objective of combating the apparent insolvency, the Agency “far exceeded” the number of investigations of financial movements expected to perform, although the Court notes the number of requests for information to banks that were not answered. 564 in 2012 and 1,127 in 2013. Nevertheless, between the two years these activities only led to the opening of four disciplinary proceedings
FAILED AND REHABILITADOS
Moreover, the watchdog detected a “significant increase” between 2012 and 2013 statements failed to insolvent debtors (+ 43%) and bad loans (+ 8% ). In addition, cases have occurred insolvent rehab more than tripled from year to year, even though more than 60% of the credits again be written off as uncollectible just a month later, on average.
In fact, the report notes that in October 2014 had admitted only 166 of 1,362 million euros in 2012 and rehabilitated 173 of 1,433 million in 2013, only 8%, reflecting that “only one rehabilitated very low percentage of credits actually reaches charged “.
The Court attributed this situation to the lack of a procedure for dealing with insolvency or partial restorations taxpayers, leading to the declaration of the failure of a debtor involves the consideration of all your debt as uncollectible because the same thing happens when you are rehabilitated, although that does not always correspond with reality.
INSOLVENCY SITUATIONS
With respect to debt standstill, did not suffer significant variations in the first two years of government of Mariano Rajoy, while the suspended fell 12% and affected by insolvency proceedings grew “very significantly” (+ 46%) between 2012 and 2013, “in line with the economic situation”, reaching 7.682 million euros.
In fact, in 2012 the Tax Office had to cancel 1,442 million and 1,984 million euros more the following year in debts arising from bankruptcy proceedings, and just entered 1.154 million euros in this process between the two years.
In parallel, a change in 2013 in the instructions on how to follow taxpayers bankrupt led to 4,139 procedures were allowed to complete tracking. In this regard, the Court recommends the Government to “consider increasing the number of staff in the insolvency units.”
DISPOSALS REAL
The report of the presiding body Alvarez de Miranda also refers to the income from the sale of goods AEAT by taxpayers with tax debts, which grew by 10.7% between 2012 and 2013, from 25 to 28 million euros, thanks mainly to the direct awards (+ 17%), which quadrupled the amounts obtained in the auction (-13%).
In this sense, between the two audited year award only got a quarter of the lots alienated and offered and only 5% of the initial amount in 2012 and 3% in 2013 was obtained.
Thus, auctions are awarded only 9% of the property by just over 1% of the amount the first tender. Furthermore, only 40% of these procedures 75% of the minimum award amount –the value was obtained legally establecido– while the remaining 60% of cases the award was below the valuation price of goods .
Meanwhile, only 45% of the goods offered by direct process got awarded, and it was for only 7% of the total initial amount. In fact, up to 73% of the lots reported less than half of its assessment and 34% were admitted less than a quarter of their pricing.
In this regard, the Court criticizes Hacienda “no you used standard criteria “for disposal in relation to the requirement and amount of advance deposits, advertising procedures thresholds or sufficiency of the tenders submitted in direct awards, which has caused” with lots awarded well below its appraised value “would have others who” were not awarded despite having a high number of interested bidders because the bids were deemed insufficient “.
It also warns of a large number of direct awards to the same person. Thus, there was a case when it had won 46 lots by just 14% of the initial value of alienation and another who got 26 lots for just 8% of the appraised price.
PRECAUTIONARY AND COURT DECISIONS
The report finally finds a “very important” increased precautionary measures in the derivations of responsibilities (+ 70%), which highlights a “high margin to continue growing and improving this such actions “, for which the Court recommended improved applications and even create some specific to monitor certain types of procedures.
With regard to legal proceedings, were also increased” significantly ” although it did not reach the provisions of the Agency and decreased in parallel the debt claimed. Therefore, it is recommended to “improve” pre-criminal and “encourage” the economic research to “prevent many shares become not exercise, most conclude with adverse rulings actions performances and much of the favorable sentences can not be get to run “.
Finally, it is noted that the outstanding debt grew” constantly and continuously “to add 9.7% between 2012 and 2013, reaching 50.174 million euros, mainly because new debts exceeded those that were canceling and, moreover, are of lower quality and higher risk of default. “From every three euros of outstanding debt is entered one,” summarizes the report.
In this regard, the Court recommends the AEAT “reinforce” as a strategic objective containment of outstanding debt and effective recovery, and the selection and purification of very old debts –some have over 20 years– at-stoppage, adjournment and suspension, as well as increase control over the origin of this situation in this type of debt.
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