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V0019-16 5 January 2016 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
IP · fianza

Bail and precautionary attachments must be declared for Wealth Tax purposes

A query was raised regarding whether bail for provisional release, bail to secure pecuniary liabilities, and attachments must be taxed under Wealth Tax. The Directorate General for Taxes (DGT) ruled that, as ownership of the assets remains unchanged, they must be declared.

The question raised

Tax treatment in the Wealth Tax.

The DGT's ruling

The bail for provisional release does not alter the ownership of assets, and therefore must be declared in the Wealth Tax, unless it is awarded to the State due to failure to appear. Likewise, bail to secure pecuniary liabilities and attachments are precautionary measures that do not constitute a certain, liquid, due, and enforceable debt, whereby the taxpayer maintains full ownership for declaration and valuation purposes.

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