You are currently viewing Treasury loses 1,174 lawsuits against citizens and has had to pay 5 million in costs in 5 years

The Treasury and the Tax agency they take it every year with thousands of Spaniards in court. According to the data held by OKDIARIO, in the last five years the Government has initiated 9,452 court proceedings for tax issues with Spanish and foreign citizens.

Of the 4,900 trials that have already concluded, 1,174 have been sentenced unfavorably for the Administration. In approximately one in four cases, the courts, after a hardship for the taxpayer, agree precisely with David versus Goliath. In this same period they have had to pay 5,062,735 euros in court costs.

This is stated in an official response from the Government through the Transparency Portal. Most lawsuits were for administrative litigation (4.087). Following are the insolvency challenges (2,499), the lawsuits for criminal (1966), for the civil (698) and for the social (202). It is noteworthy that of the completed processes they have lost 508 criminally and 314 contentious.

Official response from the Tax Agency. (Click to enlarge)

1,949 inspectors

On the other hand, the Tax Agency details the number of Treasury inspectors on staff currently and the evolution of this figure in recent years. As of December 31, 2021, the number of positions held by State Treasury inspectors is 1,949. This figure has grown steadily since 2017, when there were 1,794 officials of these characteristics. However, the Ministry document precise no everyone the members from East body perform labors from inspection”.

On the other hand, they indicate that “the Tax Agency does not support direct expenses for the representation and legal assistance in Spain, as it is attributed by the Law on Legal Assistance to the State». The payment of concepts such as “displacements would be, where appropriate, included in the allowances and allowances by reason of service received by State lawyers in their capacity as civil servants”. Therefore, they cannot give specific information about these expenses.

Regarding the amounts paid in procedural costs to which the Tax Agency has been sentenced, they report that they only count the amounts to which the Tax Agency has been sentenced to pay in the legal proceedings in which it has been a party. In this sense, they comment that the convictions for the costs of contentious-administrative lawsuits that are caused by tax issues are not paid by the Tax Agency, but by the Ministry of Finance and Public Administrationsince the body sued in the judicial procedure is an economic-administrative body, which does not depend on the Tax Agency but on the Ministry.

Payments in court costs. (Click to enlarge)

Regarding the court costs in favor of lawsuits won by the Tax Agency, the same “I know enter the treasurynot in the budget of the Tax Agency, so it is not He doesn’t have that information either.”

Similarly, OKDIARIO asked for the amounts of money that have been raised through judicial sentences won with a final sentence but “That information cannot be provided because information is not structuredsince not all lawsuits carry a pecuniary sentence [multa que hay que pagar al Estado]so that each lawsuit would have to be examined in order to determine if there is a pecuniary sentence and if It has been executed”.

Finally, they rule out detailing the number of files addressed
on average each inspector in a year. “Given the functions, structure and competence of the Regional Inspection Units, it would force us to establish a rework process since we would have to request from each Regional Unit a process of analysis of the files completed in a given year, so that they would send us, of all the completed files, the number of files individually completed by the inspectors, on the other hand, the number of files completed as a team, etc. », they justify.


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