The law allows the attachment of certain amounts of income from work of citizens (here not only wages and salaries are included, but also pensions and other benefits) who have been imposed the payment of a past due debt. It is an obligation imposed by the party that obliges to carry out different embargoes on these incomes depending on their amount.
In the case of people who have a job and have been forced, by means of a judicial sentence that applies that article of the Civil Procedure Law, to pay a debt, the company that pays this employee may receive a requirement from the Treasury for the embargo to take effect.
But, how to know how to do the embargo? Although this amount would be communicated to the company in question, the Tax Agency wants to facilitate the work and especially increase understanding of the entire process, which is why it has made a calculator available on its website to be able to obtain the figures that must be seized. of your employee’s salary. The agency defines it as the “virtual assistance tool that allows you to know the amount that would be legally attachable from the amount received as salary, pension, remuneration or its equivalent.”
This tool is equally illustrative for those people who have to suffer the embargo, that is, those who maintain a debt that has not yet been paid. Thanks to this tool they will be able to get an idea of what money will be taken from their salary and for how long.
How is the salary that can be garnished calculated?
This tool can be accessed through the Tax Agency’s website, by navigating to the ‘Virtual assistance tools’ section and then clicking on ‘Virtual collection assistance tools’, .
The Tax Agency itself has posted a to explain to all interested parties how these attachments can be calculated that will be made to the worker’s salary or wages. You just have to follow the steps indicated by the Treasury in its explanation.
-The first thing to do is enter the total amount of the debt, that is, the money that the worker has to pay and for which part of the salary will be garnished.
-Then it is necessary to indicate what type of remuneration the worker has, that is, if it consists of a monthly salary or a daily salary.
-You must enter the liquid amount of the salary. To calculate this amount, a help section is provided at the top of the screen with the applicable regulations and instructions for calculating this net amount.
With all the variables entered in the system, click on ‘Calculate’ and check the result. The system will tell you what the amount to garnish will be and for how long (in number of months).
What percentage of your salary can be garnished
What the system takes into account when making the calculation is what is established in the aforementioned article 607 of the Law of Civil Procedure, which considers amounts below the Minimum Interprofessional Salary unattachable and contemplates discounts progressively by sections of income:
-From the SMI to double the SMI, 30% of these amounts are seized.
-From double the SMI to triple the SMI, 50% of these amounts are seized.
-From triple the SMI to quadruple the SMI, 60% of these amounts are seized.
-From four times the SMI to five times the SMI, 75% of these amounts are seized.
-From the quintuple of the SMI, 90% of these amounts are seized.
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