Having debts is always a headache, but if you also owe money to the administration itself, the problem is complicated. Debts are synonymous with general malaise and restlessness; for this reason, it is best to avoid them as much as possible. However, we know that sometimes, they are unavoidable. Therefore, in this article we tell you everything you need to know about debts with social security.
Did you know that debts to social security have an impact on receiving some benefits? For example in the case of unemployment and retirement. In this article we explain how you can check if you have debts with social security, the phases you must follow to get rid of them, postponements, surcharges and the possibility of a garnishment.
How do I know if I have debts with social security?
Nowadays it is easy to check if you have debts with social security. In the electronic office of that agency you can request a certificate of being current on social security obligations .
For this you must have an affiliation number —NAF— and a digital certificate. In this way, the system lets you know if you have debts, regardless of the regime to which you are attached.
How do you know if you have prescribed a debt with social security?
Although it depends on the type of debt, in general, debts to social security expire after 4 years .
In any case, you must take into account what type of debt it is and the concept, because it may have a limitation period other than 4 years.
The consequences of having debts with social security
There are several consequences of incurring debts with social security:
- Surcharge. That is, an extra is added to the amount owed that will accumulate the longer it takes to pay off the debt. If the debt is not paid, the administration can launch an executive procedure through which a garnishment is requested.
- Loss of bonuses . For example, the self-employed who have a debt with social security can stop receiving a bonus, such as the flat rate, and will not recover it until they have paid the debt.
- Difficulty accessing benefits . If you become unemployed or retire, you will not collect the benefit until you catch up with social security.
- Prevents access to subsidies . All state subsidies are required to present a certificate of being up to date with social security obligations. Therefore, if you have debts, the grant will not be achieved.
When a debt is contracted with social security, it establishes a regulatory period to settle it:
- Thus, a first phase of voluntary collection is entered .
- In this phase, the social security sends the debtor the order of urgency, that is, it claims the debt.
Surcharges in case of non-payment
As we have already seen, if social security considers you a debtor, it is best to pay the debt as soon as possible to avoid possible surcharges . If, for example, you owe fees for working as a freelancer, these penalties are contemplated:
- A 10% surcharge if the debt is paid during the first calendar month that follows the month of maturity.
- A 20% if paid on the second or You enter the amount notified before the end of the payment period specified in the relevant document.
- The surcharge will be 35% if you deposit the debt once the payment period indicated in the claim or certificate has expired.
Another resource that you have at hand is to request a postponement . It may be a good idea if you don’t know how to proceed with your debt. To do this, you can apply online . It is important that you know that deferring your debt implies the payment of interest , although in the case of the administration they are not usually very high.
You can also do the procedure in person at the provincial Directorate of the General Social Security Treasury, at an INNS administration or at the entity’s Executive Revenue Unit.
You can carry out the management at any time from the beginning of the regulatory term of the debt. Of course, the total deferral period cannot be more than 5 years . For its part, the administration has up to 3 months to respond to your request for postponement, although it is usually notified much earlier.
What if they notify me of a garnishment?
If you do not meet the debt within the established deadlines, it is likely that your assets will be seized. It can be a part of your salary if you are an entrepreneur or a part of the earnings for invoices issued as a self-employed person or, also of your pension if you have one.
You must bear in mind that the minimum interprofessional salary -SMI- cannot be seized , but all salaries or salaries that exceed it can.
As you can see, it is best to avoid all debts as much as possible. If you have already contracted a debt with Social Security, the best thing is that you solve it to get rid of the possible consequences and problems that it can cause you. As we have seen, having a debt with the State can end with situations as serious as the notification of a garnishment.