Controversy The victims of a traffic accident could have to pay for the compensation
The Ministry of Justice has been in favor of revising the legal reform
that could end up forcing victims of traffic accidents to pay personal income tax for the compensation they receive.
This is something that has never happened in Spain.
The department headed by Minister Pilar Llop thus came out in the face of the information published by this newspaper.
Specifically,
on the initiative included in the Draft Law on Procedural Efficiency,
which already achieved the approval of the Council of Ministers in December 2020 and is in the pre-legislative phase.
So the possible changes will be introduced when it reaches the courts.
The draft is an initiative that was taken when Juan Carlos Campo Moreno was in charge of the portfolio.
INCREASE IN LITIGATION
In the second final provision of that project, it is maintained that all compensation issued by the court will continue to be exempt from personal income tax.
But, as a novelty, it requires that in those that are reached by an
amicable agreement between the parties (normally with the insurer) "a neutral third party" intervenes to act as mediator and "that the agreement be raised to a public deed."
Otherwise, it would be time to pay taxes on the money received.
That is, some extra expenses that would cut the amount received by the victim or their relatives.
Therefore, if the insurer does not cover them, they would
cause a large increase in litigation as a way of guaranteeing exemption from the tax.
THE VORACITY OF THE TREASURY
“It is just the opposite effect of what the project is pursuing,” denounced Manuel Castellanos, president of Anava-RC, the National Association of Lawyers for Accident Victims and Civil Liability.
“In addition, the initiative also goes against the spirit of the 2015 Scale Law,
which encourages friendly agreements to be reached that are discharged by the courts.”
The problem, Castellanos specified, is the nature of the compensation.
Treasury wants to collect more considering that these amounts can represent an increase in assets, when they have never been fiscally.
"Because what is sought with them is that, as far as possible,
the victim of a traffic accident is fully compensated and in a situation as similar to the one he had before."
Likewise, the president of Anava-RC recalled that "once again, the Sánchez government uses a reform in another area to introduce a collection measure."
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