Frequently Asked Questions - Sales Tax Enforcement
What purchase modalities are there on the platform? Electronic auction, closed letter and private negotiation modality.
What is the electronic auction modality?
Electronic auction is a type of sale that takes place on the internet, where those interested in buying a good submit their proposals, indicating the price they intend to pay for that acquisition, increasing the price that the previous bidder offered. On the designated day and time, the auction ends, and the last person who validly submitted a bid is in the winning position.
What is the closed card modality?
The closed letter modality takes place on the internet, with the possibility of submission on the respective platform, but they can also be presented in paper format at the Finance Service responsible for the sale, with the highest value proposal validly presented being the winner.
What is the private negotiation modality?
Sale by private negotiation is one of the types of sale provided for in the tax enforcement process, whenever the tax enforcement body recognizes the well-founded urgency in the sale of these assets. Proposals may be delivered over the Internet, or sent directly to the mediator, with the highest value proposal validly presented being the winner.
Who can consult and bid on sales in tax foreclosure?
All natural and legal persons with the legal capacity to acquire the type of asset for sale may participate, except in the cases provided for by law. However, to submit a proposal, it is necessary to authenticate yourself on the Finance Portal with the password associated with your tax number. If you have not yet registered, you can do so on the Finance Portal, in the “new user” option, alternatively you can authenticate through the citizen card. Magistrates and employees of the tax administration cannot be acquirers, by themselves, by an intermediary person, or by a legal entity in which they participate. Non-resident entities subject to a clearly more favourable tax regime or those whose legal regimes do not allow the identification of the effective owners of the capital are also prevented from acquiring assets in tax foreclosure.
Where do sales in tax foreclosure take place and how to consult them?
They take place on the Finance Portal, by accessing the Tax Services, option “Sale of goods” and choosing the modality and the desired goods.
Can I see the goods for sale?
Yes. The property for sale has a custodian, who has the duty (among others) to present it. The Tax Administration provides information on the identity of that depositary and which contact you can use for this purpose. In addition, photographs of the property are made available.
Can I propose any value for the purchase of a good?
No. As a rule, the first attempt to sell is made by electronic auction, which takes place for 15 days with a base sale value corresponding to 70% of the value of the asset. If the sale is not possible, a second attempt is made, using the form of a proposal in a sealed letter, which takes place for a period of 15 to 20 days, lowering the base value to 50% of the value of the asset. If the sale does not take place on the second attempt, another electronic auction will be held, with no base sale value and which will take place for 15 days, and cannot be awarded for an amount less than 20% of the value of the asset. How many bids can I submit until the end of the auction? All the ones you want, as long as they have a value equal to or greater than the base value of the sale. In the case of auctions, it will always have to be higher than the last bid presented.
Can I withdraw my offer once it has been validly submitted?
As a rule, no. It may only do so if the decision on the award of the property is postponed for more than 90 days after the first designee.
Can I submit an offer after the date and time set for the end of the sale?
No. The sale will end on the designated day and time, and the highest value proposal that is validly presented will be in the winning position. How long does the auction last? The bidding period for the auction lasts 15 days. The enforcement body determines the time of the last day for the end of the auction. The day and time when the auction ends are announced in the sale. My proposal was the most valuable.
Do I know that the good will be sold to me?
As a rule, yes. What is intended is to find the highest value proposal to proceed with the award of the good to that bidder. But there are exceptions. There may be legal reasons to suspend or annul the sale, or there may still be someone in a privileged legal position to proceed with the acquisition of the asset (holders of preemptive rights or redemption rights). Once the sale is over, who decides on the sale of the asset and where? On the day and time of the end of the sale procedure, the tax enforcement body decides on the allocation of the asset to the tax office that scheduled the sale. In the case of an auction that ends on a non-business day or after 5 p.m. on any day, the decision on the allocation of the asset will take place at 10 a.m. on the following business day.
Can I watch the decision on the sale of the property?
The decision on the award of the property may be attended by the party against whom enforcement is sought, the proponents, the creditors with a security interest over the property and whoever can exercise the right of preemption or redemption. If the asset is attributed to me, am I informed? The result of the sales is made available on the Finance Portal to all bidders (after authentication with taxpayer number and password or through the citizen card). You must consult the result of this sale in time, to obtain the slip and proceed with its payment within the legal deadline (15 days). If you want to postpone part of the payment, you will have to request it within the first 5 days, so you must make sure of the result before this period expires. In addition, you can also receive information by email.
When do I have to pay, if the asset is assigned to me?
You will have to pay within 15 days of the award decision, under penalty of the penalties provided for by law. However, if the acquisition is of a value greater than 500 times the unit of account, you may request, within 5 days of the award decision, to pay only part of the price (not less than one fifth) within 15 days, and you are obliged to deliver the remaining part within a maximum period of twelve months.
How is the price paid?
If the property has been awarded to you, you must request the payment document within the aforementioned deadline to obtain the payment document. This document contains the necessary references so that you can pay in the usual way (treasury services, ATM, banking services available on the internet). What is the relevant legislation in this matter? The legislation on this matter is dispersed, and articles 248 to 258 of the Code of Tax Procedure and Procedure, articles 811 to 845 of the Code of Civil Procedure, Ordinance No. 203/2008, of 21 February 2008 and Ordinance No. 219/2011, of 1 June, are of great relevance in the definition of the sale procedure.
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