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The Directorate General for Legal Certainty and Public Faith has overturned a registrar's refusal to extend a tax-related seizure notice. It establishes that extending a precautionary seizure notice is a procedural step of limited significance, which does not require the registered ownership to match the identity of the party acting in the proceedings (legal ground 6). This ruling allows for the prevention of the expiry of notices without imposing substantive requirements typical of the actual enforcement process.
For Public Administrations (such as the Malaga Provincial Council in this case), the ruling facilitates credit management by allowing the extension of seizures without the lack of exact identity between the registered owner and the party acting in the proceedings being an obstacle (legal ground 6). For debtors, although the ruling favours the continuity of the seizure, it reinforces the necessity for extension proceedings to be duly notified to prevent a lack of legal defence (sole legal ground).
The tax team reviews your specific situation.
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