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Court fees concerning Small Claims procedure - Spain

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Introduction

What fees are applicable?

How much will I have to pay?

What happens if I do not pay the court fees on time?

How do I pay?

What should I do after the payment?

Introduction

The court fees in civil cases, which encompasses the ESCP is a State and its payment is made at the beginning of the year of judicial activity, at the request of either party. This fee is governed by Organic Law 10/2012, of 20 November, regulating certain fees in the area of the administration of justice and the National Institute of Toxicology and Forensic Science (amended by Royal Decree-Law 3/2013, of 22 February) and in Order HAP/2662/2012 of 13 December (as amended by Order HAP/490/2013 of 27 March).Link opens in new windowhttp://boe.es/buscar/doc.php?id=BOE-A-2012-14301Link opens in new windowhttp://www.boe.es/buscar/doc.php?id=BOE-A-2013-2029Link opens in new windowhttp://www.boe.es/diario_boe/txt.php?id=BOE-A-2012-15141Link opens in new windowhttp://boe.es/buscar/doc.php?id=BOE-A-2013-3435

Finally, also regulated in Royal Decree Law 1/2015 of 27 February, de segunda oportunidad, reducción de carga financiera y otras medidas de orden social which marked a new modicficación Law 10/2012, cited above.Link opens in new windowhttps://www.boe.es/diario_boe/txt.php?id=BOE-A-2015-2109

The payment of the fee must be made using the Tax Agency, through a downloadable form to be filled in as follows (click here) or through an application that is generated when completed data (click here) and it is liable to telematic payment, while at the moment only for large companies.Link opens in new windowhttp://www.agenciatributaria.es/AEAT.internet/Modelos_formularios/modelo_696.shtmlLink opens in new windowhttp://www.agenciatributaria.es/AEAT.internet/Inicio.shtmlLink opens in new windowhttp://boe.es/boe/dias/2013/03/30/pdfs/BOE-A-2013-3435.pdfLink opens in new windowhttp://www.agenciatributaria.es/static_files/AEAT/Contenidos_Comunes/La_Agencia_Tributaria/Modelos_y_formularios/Declaraciones/Resto_de_modelos/696/Instrucc_cumplimentacion_mod_696.pdfLink opens in new windowhttps://www2.agenciatributaria.gob.es/es13/h/ie36960b.htmlLink opens in new windowhttps://www.agenciatributaria.gob.es/AEAT.sede/tramitacion/GC07.shtml

The payment should be made at the moment of submission of the Form A. The application fee can be paid by the legal representative (procurador) or lawyer (abogado) in the name and on behalf of the taxable person, in particular if the latter is not resident in Spain. a non-resident need not be a tax identification number prior to self-assessment. The barrister or solicitor bears tax liability for this payment.

What fees are applicable?

In the ESCP taxable persons liable to pay the levy who promote judicial activity and performing the taxable event, i.e. those submitting claim or counterclaim using Form A, only when the claim in these procedures is based on a document that takes the form of an out-of-court enforceable instrument pursuant to Article 517 of Law 1/2000, of 7 January, on Civil Procedure, and exceeds EUR 2 000 complaint if it is an enforceable, is exempt from payment.Link opens in new windowhttp://noticias.juridicas.com/base_datos/Privado/l1-2000.l3t1.html#a517 Also, they are exempt from all natural persons and legal persons who are entitled to legal aid and can demonstrate that they meet requirements to do so in accordance with the legislation applicable.

How much will I have to pay?

In the European Small Claims Procedure, they must pay the fixed sum of EUR 100, plus a variable sum depending on the amount of the claim, and that is obtained by applying to the taxable amount, the tax rate which corresponds according to the following table:

Taxable amount

Taxable persons

Tax rate

The maximum amount of variable rate

EUR 0 to EUR 1.000.000

Legal person

0.50 % MALES:

From EUR 1.000.000

Legal person

0.25 % MALES:

10.000 EUR

The taxable base coincides with the amount of the legal proceedings. For the European Small Claims Procedure, the court proceedings corresponds to the sum of the amount of the principal sum claimed plus interest and contractual penalties.

For a European Small Claims Procedure with base of EUR 9.000, being a legal person, the levy would be EUR 100 + EUR 9.000 * 0.50 % = EUR 145.

What happens if I do not pay the court fees on time?

If there has not been accompanied by proof of having paid the fee, the Lawyer of the Judiciary shall require the taxpayer to provide, in response to letter until such omission is remedied. The lack of presentation of the proof of return does not prevent the application of the time-limits laid down in procedural law, so that the absence of remedying this deficiency, following the order of the Lawyer of the referred to in the article, will lead to the preclusion of the procedural act and as a consequence the continuation or completion of the procedure, as appropriate.

How do I pay?

The fee to be paid by the reverse charge procedure prior to the presentation of the party concerned. This fee shall be paid using the official specimen 696 self-assessment of the fee for the exercise of judicial power that must be filled in as follows (click here) or through an application that is generated when completed data (click here).Link opens in new windowhttp://boe.es/boe/dias/2013/03/30/pdfs/BOE-A-2013-3435.pdfLink opens in new windowhttp://www.agenciatributaria.es/static_files/AEAT/Contenidos_Comunes/La_Agencia_Tributaria/Modelos_y_formularios/Declaraciones/Resto_de_modelos/696/Instrucc_cumplimentacion_mod_696.pdfLink opens in new windowhttps://www2.agenciatributaria.gob.es/es13/h/ie36960b.html Payment can be made in person at any of the partner financial institutions, the model in Spanish and English.Link opens in new windowhttps://www5.aeat.es/es13/h/pago007h.htmlLink opens in new windowhttps://www.agenciatributaria.gob.es/AEAT.sede/tramitacion/GC07.shtmlLink opens in new windowhttps://www.agenciatributaria.gob.es/AEAT.sede/en_gb/tramitacion/GC07.shtml

To date, payment data is only available to large undertakings, payment by bank transfer, credit card and debit, bank account, etc., given that the legislation on fees has been recently revised and it has not been possible yet to implement a technical solution.

Court fees are included in the legal aid is regulated by Law 1/1996, of 10 January on Legal Aid (specifically for this area mainly in Articles 1 to 8 and 46 to 51).Link opens in new windowhttp://www.boe.es/buscar/act.php?id=BOE-A-1996-750

There is information on this matter on the website http://www.justiciagratuita.es/, which you can request the recognition of this right, the Bar Association in the place where the court is located or with the Senior Court (judicial process.Link opens in new windowhttp://www.justiciagratuita.es/

What should I do after the payment?

Proof of payment of the fee under official model (in paper or electronic form), duly validated, must accompany the Form A.

Spain does not currently electronic sending of forms associated with the ESCP, with proof of payment (in paper or electronic form) must be sent on paper or paper together with the other required documentation.

At the time in which the possibility of submitting the documents electronically, use will have a 10 % rebate on the charge. The law provides for the refund of 60 percent of the amount of the fee when an acquiescence or agreement terminating the proceedings.


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Last update: 09/02/2017