- a)The Tax Administration may create an electronic mailbox system for the receipt or dispatch of applications, documents, and communications transmitted by telematic means, subject to the same requirements established for other administrative records.
- b)The electronic mailbox shall be enabled for the receipt or dispatch of applications, documents, and communications related to the procedures and formalities under the competence of the Tax Administration and which are specified in the rule creating it. It must comply with the criteria of availability, authenticity, integrity, non-repudiation, confidentiality, and conservation of information likewise indicated in the cited rule.
- c)The electronic mailbox shall allow the submission of applications, documents, and communications every day of the year, twenty-four hours a day. For the purpose of computing time periods, receipt on a non-business day shall be understood as effected on the first following business day.
- d)The submission of electronic documents in the cited mailbox shall have identical effects to those made by other admitted means and may be mandatory, in accordance with the provisions of subsection b) of Article 137 of this Code.
- e)The Tax Administration shall manage, administer, and control the entirety of the computer process required by the electronic mailbox, in accordance with the scope and modalities determined by regulation.
Article 149.- Competent Bodies to Sanction The sanctions for the administrative infractions established in this Code shall be imposed by the bodies of the territorial tax administrations or of large taxpayers (grandes contribuyentes) of the Tax Administration, to which, by regulation, competence is assigned for the control of compliance with the different tax obligations, both formal and material.
The functional directorates that make up the central services of the Tax Administration may also impose these sanctions when, by regulation, they are assigned competence to carry out, against specific taxpayers and other tax obligation parties, those same control actions.
Article 190.- Composition of the Collection Office For the judicial or extrajudicial collection within its purview, the Collection Office (Oficina de Cobros) must be composed of the following:
- a)A chief, who must be an attorney, whose functions are to attend to everything related to the direction, coordination, supervision, and execution of the activities and programs of the dependency and to exercise the other attributions that for these purposes correspond to them.
- b)A body of attorneys that must make up the permanent staff of the Office, called collection prosecutors (fiscales de cobro), who may be stationed throughout the national territory in the quantity necessary to manage the debts under their charge.
The chief of the Office and the collection prosecutors referred to in subsection b) must be appointed by the Ministry of Finance, in accordance with the regulations of the Civil Service Statute (Estatuto de Servicio Civil).
Each collection prosecutor may have the administrative personnel and professional assistants required by the needs of the service under their charge, who shall be appointed by the Ministry of Finance in accordance with the regulations of the Civil Service Statute.
The territorial jurisdiction of each collection prosecutor and the aspects related to their organization shall be provided for by executive decree.
Article 192.- Uncollectible Credits and Issuance of Certifications The offices that control, in favor of the Central Government, revenues or credits of the nature indicated in Article 189 of this Code, once the payment term has expired, must prepare certifications of the amounts pending collection and forward them to the corps of collection prosecutors (fiscales de cobro) of the corresponding jurisdiction; such certification shall have the character of an enforceable title (título ejecutivo). If, after the certification has been issued, the debtor makes partial payments of the amount owed, the head of the Judicial Collection Department may, without further procedure, carry out the corresponding recalculation and issue the new certification with the character of an enforceable title (título ejecutivo).
Before forwarding the certifications to the Collection Office (Oficina de Cobros), the offices that control the revenues or credits referred to in the first paragraph of this article must notify the debtor, by any of the means authorized in Article 137 of this Code, that a period of fifteen days is granted, counted from notification, to proceed with the cancellation of the unpaid tax credit (crédito fiscal).
If, after the indicated period, the debtor does not regularize his situation, said certifications must be sent immediately to the competent collection prosecutor (fiscal de cobro), for the purposes of exercising the respective judicial or extrajudicial collection action.
Tax credits (créditos fiscales) originating from taxes regulated by this Code, their interest, and fines that have been challenged by the interested party in the administrative proceeding shall not be certified until the Administrative Tax Tribunal (Tribunal Fiscal Administrativo) has issued a resolution." "Article 195.- Joint and several liability (Responsabilidad solidaria) To establish the joint and several liability (responsabilidad solidaria) set forth in Article 22 of this Code, the notification of the payment demand (requerimiento de pago) established in Article 192 to the jointly and severally liable debtors (deudores solidarios) shall suffice.
Those jointly and severally liable debtors (deudores solidarios) who do not pay the tax debts within the legal period granted for such purpose shall be included in the list of delinquents that the Tax Administration (Administración Tributaria) publishes, except when dealing with a minority shareholder who reliably demonstrates having exempted his liability in the actions of the board of directors prior to the enforceability of the debt." "Article 196 bis.- Precautionary measures (Medidas cautelares) When, in the course of determining a tax credit (crédito fiscal), in the judgment of the competent administrative authority, there is a risk that the obligor may abscond, alienate, or conceal his assets or perform any maneuver tending to leave the credit unpaid, the Tax Administration (Administración Tributaria) may request the Collection Office (Oficina de Cobros) to petition the competent judicial authority for the seizure (embargo) of assets as a precautionary measure (medida cautelar), which shall have a validity of up to two years, extendable for the same period.
The competent judge shall grant the obligor a hearing within five business days and may, in the same resolution, ex officio or at the request of the Collection Office (Oficina de Cobros), adopt and order ex-parte interim measures (medidas provisionalísimas) immediately and prima facie, in order to guarantee the effectiveness of the measure ultimately adopted. Once this period has expired, the judge must rule on the appropriateness or not of the requested seizure (embargo) as a precautionary measure (medida cautelar), within a peremptory period of five business days, as well as on the ex-parte interim measures (medidas provisionalísimas) adopted.
The obligor may designate himself as depositary, with the same responsibilities as a judicial depositary, when the seizure (embargo) does not fall on cash.
Assets shall be seized (embargarán) in the following order:
- a)Sums of money owed to the tax obligor by third parties, including payments by credit or debit card whose sums are to be remitted to the card operators.
- b)Income from public shows, whether or not previously declared to the Tax Administration (Administración Tributaria).
- c)Cash on hand or in accounts held in financial institutions.
- d)Wages, salaries.
- e)Credits, negotiable instruments, securities, and rights realizable immediately or in the short term.
- f)Real estate (Bienes inmuebles).
- g)Commercial or industrial establishments.
- h)Precious metals, fine stones, jewelry, gold and silverware, and antiques.
- i)Goods that must be delivered to the tax obligor by third parties.
- j)Fruits and rents of all kinds.
- k)Other movable property and livestock.
- l)Credits, rights, and securities realizable in the long term.
In the case of subparagraphs a) and b), the amount of the seizure (embargo) shall be up to seventy-five percent (75%) of the money.
In the case of subparagraph d), the amount of the seizure (embargo) shall be the percentage permitted by Article 172 of the Labor Code (Código de Trabajo).
In the remaining cases, the seizure (embargo) shall be up to one hundred percent (100%) of the value of the seized asset.
In no case shall the amount of the seizure (embargo) exceed the amount indicated in the preceding paragraph, if said percentage exceeds it, provided the assets are divisible; otherwise, the seizure (embargo) shall fall on the value of the asset.
At the request of the tax obligor, the competent judge may alter the order of seizure (embargo), if the assets indicated guarantee collection of the debt with the same effectiveness and promptness as those that should preferentially be attached and no prejudice is thereby caused to third parties, or when, due to the strict application of the established order of seizure (embargo), it is demonstrated that the continuity of the obligor's economic activity is put at risk.
Assets or rights declared unseizable by law shall not be seized (embargarán), nor shall those for which it is presumed that the cost of their realization could exceed the amount that could normally be obtained from their sale.