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The applicant inquires about the feasibility of seizing credits held against third parties. The DGT rules that only credits that have already accrued but are not yet due can be seized, or those involving successive payments under continuous contracts or ongoing relationships.
Cuestión planteada
Únicamente son embargables los créditos que se hayan devengado pero cuyo periodo de pago aún no haya vencido, o aquellos que conlleven pagos sucesivos por operaciones con pago aplazado, contratos de relaciones continuadas u operaciones de tracto sucesivo. No es posible embargar créditos futuros aún no nacidos o de incierta existencia futura. El obligado tributario debe comunicar a la Administración cualquier eventualidad que afecte la ejecución del crédito por su deber de colaboración.
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