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BOE-A-2026-17346 ·8 August 2026 ·Resolution not-relevant
Tax

Public Administrations: administrative prohibition on disposal blocks registration of awards via enforcement proceedings

The Directorate General for Legal Certainty and Public Faith has confirmed that a preventive annotation of prohibition on disposal ordered by the AEAT prevents the registration of a certificate of asset award, even if the prohibition postdates the encumbrance motivating the enforcement. To proceed with registration, the administrative authority that ordered the precautionary measure must authorise the transfer, or the prohibition must be cancelled (legal grounds I).

In 2 key points

  1. An administrative prohibition on disposal of public order prevents the registration of enforcement if it postdates the encumbrance (fundamentos jurídicos I)
  2. Registration requires authorisation from the administrative authority that ordered the measure or its cancellation (fundamentos jurídicos I)

How it affects those involved

For companies acquiring assets through administrative enforcement processes (such as Social Security), an AEAT prohibition on disposal acts as a registry block that prevents the consolidation of ownership (legal grounds I). Acquirers must ensure the cancellation of such measures or obtain express authorisation from the creditor administration to avoid the suspension of registration in the Land Registry.

Lifecycle

2026-08-08PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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