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A query was raised regarding the obligation to comply with the seizure of commercial or lease credits. The DGT ruled that the seizure must be executed strictly according to the law and that private contractual clauses cannot alter tax obligations.
Cuestión planteada
El embargo de créditos, efectos y derechos realizables debe ejecutarse conforme a la Ley General Tributaria y el Reglamento General de Recaudación. Si el crédito no ha vencido, quedará afectado íntegramente a la deuda hasta su vencimiento. En caso de pagos sucesivos, se ordenará al pagador ingresar los importes en el Tesoro hasta cubrir la deuda. Las cláusulas de contratos privados no pueden alterar los elementos de la obligación tributaria.
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