The aforementioned norm of February 8th, 2018 came to regulate the procedure of dation in payment in property for the extinction of debts, of a tax nature, registered in active debt of the Union, in the following sense.
Taxpayers who wish to avail themselves of this tax credit extinction modality must do so by submitting their own form (“Single Annex to this Ordinance”) to the “PGFN” of their tax domicile and it is certain that the extinction of the debt will occur only after acceptance of the payment by the General Coordination of Strategies for Credit Recovery – “CGR / PGFN”.
Acceptance shall only occur from real property whose full or useful domain is regularly registered in the name of the debtor taxpayer, with the competent Real Estate Registry Office, and that they are free and clear of any liens.
Among the conditions established in this ordinance are:
->that the value of the property to be determined by appraisal report should cover the principal, interest, fine and legal charges and in the event of remaining balance outstanding debtor, it can be settled in kind;
->that the taxpayer must expressly waive, by public deed, the reimbursement of the difference in the event that the value of the property exceeds the consolidated debtor balance;
->that the taxpayer should discontinue from the action in the event that the debt is under discussion and it is certain that any amount deposited in court will be converted into income.