Normally, self-employed workers must keep all their payments up to date with Social Security contributions. Otherwise, they are penalized and no longer have some of their privileges as freelancers, for example, to collect sick leave. If a self-employed person has debts with social security, he has a month to settle it. On the other hand, if the self-employed person can not pay his debt, he has the recourse to ask for a deferment of the same to pay it little by little, in case Social Security accepts his request for postponement.
How to defer debts by being autonomous
A self-employed person can request the deferment of any debt he has with Social Security or, as the law says, “any Social Security debt subject to collection management in that area”. However, there are two types of quotas that can not be postponed:
-The fees paid to cover accidents at work and occupational diseases.
-Workers’ fees (own employers who have workers under their orders), which is the percentage that corresponds to pay the employee and whose income is responsible for the employer.
The self-employed person can request the deferment at the same time that he has debts with the social security outside the statutory period of income, still within the period of voluntary collection or when the debt has already entered into executive action If the debt has already entered In an executive proceeding, the proceeding may conclude in an attachment of assets. When the General Treasury of the Social Security issues a debt claim or directly an enforcement order, then the debt formally exists. If you are granted the postponement, you are considered up to date with the payment of your Social Security obligations. On the other hand, the collection procedure of the previous social security debts (those included in the deferral) are suspended.
If you wish to request a postponement, you must go to the Social Security Administration or the Provincial Directorate of the General Social Security Treasury in the province in which you have authorized the contribution account or, failing that, in which have your address. It can be presented in person, by post or through the register of the Social Security Electronic Headquarters, if you have a digital certificate. Even so, it is recommended to go personally to the office, to be able to solve with more agility any problem with the procedures and the documentation.
To do this, you will need the application model for the deferment, a debt recognition document and, in separate documents, the debt settlement that can not be postponed – which must be paid before the deferment is granted – and the debt which is intended to be postponed. You have ten days to correct the errors or provide the necessary documentation. Within a maximum period of three months, the Social Security must issue the resolution in which it grants or denies the requested postponement.
If the debt exceeds 30,000 euros, certain guarantees will be demanded, such as a solidary guarantee formalized by a financial institution or, for example, a mortgage or a personal finance. With regard to the time to pay the debt, you will have up to a maximum of five years, although it varies according to the amount and frequencies of each installment payment.
When a deferment is granted, you are given the amortization tables of the debt in which the amortization periods are specified, the amount to be paid in each of them and the due dates. In addition, you will always have the possibility to settle the deferment in advance if your economic situation improves. It must be taken into account that the installments to be paid will have an increase due to the interests that the postponement entails.