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Sources behind "Does the seller's tax debt follow the business?"

Seven countries · statutory citations Stage: checking the claims Published: 14 September 2026 ~8 min read

Every statutory claim in the article, with the provision and the primary source. Statutes read on 22 August 2026. Every link below was checked and returned a working page on 14 September 2026; the one exception is recorded in the gaps section, and it is the one the article already discloses.

Where a finding is marked not found, that means I did not find a rule, not that I proved there isn't one. Where it is marked reported, I saw the text somewhere other than the official publisher and say so.


Spain

Claim in the articleProvisionSource
Whoever takes over an economic activity is liable for the tax the previous owner ran up in it, including amounts withheld from staffLey 58/2003 General Tributaria, art. 42.1.cBOE consolidated text · article text
The liability is joint and several, so the agency need not chase the seller into bankruptcy firstSame article, read against art. 41.2; confirmed by a tax tribunal rulingTEAR Valencia, resolución 46/02887/2019
Doesn't apply to buyers of isolated items unless they let the activity continue; doesn't apply to purchases out of an insolvencyArt. 42.1.c, second and fourth paragraphsarticle text
The buyer may ask for a detailed certificate with the seller's agreement; liability is then limited to what it lists; silence for three months exempts; a request after completion has no effect; not asking adds his penaltiesArt. 175.2 LGTarticle text · BOE
The tax agency runs it as a named procedureAEAT procedure RA17, certificado de sucesión de actividadAEAT procedure page
Implementing regulation for the certificateReal Decreto 939/2005, art. 125BOE
The assessment window is four years and restarts on any formal notice to the taxpayerArts. 66 and 68.1 LGTart. 66
The certificate covers only what the issuing office assesses, and that office collects national taxAEAT's own scope statement on the procedure page, read against the competence structure in art. 5 LGTAEAT procedure page
Staff transfer with the business along with social security obligations, and for three years buyer and seller are jointly liable for unpaid pre-transfer wages and contributions, including for people never on the payrollEstatuto de los Trabajadores, art. 44 and 44.3BOE consolidated text
Dismissal costs run to about 33 days' pay per year of service, capped at two years, with older service and economic dismissals calculated differentlyEstatuto de los Trabajadores, arts. 53 and 56BOE consolidated text

Belgium

Claim in the articleProvisionSource
The sale is not effective against the treasury until the end of the month following the month the collector is notified; after that the buyer is liable alongside the seller for tax and non-tax debts, capped by what he had paid or creditedLaw of 13 April 2019 establishing the recovery code, art. 50 §1–§2reported, official gazette mirror
The rule used to be art. 442bis of the income tax code and moved in 2019, in force from 1 January 2020Same law; commencement stated by the finance ministryFOD Financiën, recovery section
Only the seller can apply for the certificate; it must be refused if anything is owing or if an audit has been announced or is running; it has to be dated within the 30 days before the deal is notifiedArt. 50 §3 of the same codereported, mirror · practice confirmed on SPF Finances, certificate page
A separate statute does the same for social security contributions, with its own certificate from a different bodyLaw of 27 June 1969, art. 41quinquiesreported, mirror · practice confirmed on socialsecurity.be, employer attestations

Luxembourg

Claim in the articleProvisionSource
The buyer is liable alongside the former owner, but only where the business changes hands as a whole; the tail runs to the last full tax year before the sale plus the part-year up to it; purchases out of a bankruptcy estate are excludedLoi générale des impôts of 22 May 1931 (Abgabenordnung), § 116Legilux
A buyer who finds the seller's returns were wrong, incomplete or never filed must tell the tax office within a month, or become personally liableSame law, § 117Legilux
§ 116 contains no certificate mechanism; the general certificate the tax administration issues is described as confirming a taxpayer's own positionReading of § 116; ACD's own descriptionACD FAQ for companies

Poland

Claim in the articleProvisionSource
The buyer of an enterprise or an organised part of one is liable with everything he owns, jointly with the seller, for arrears up to the day of purchase, capped at the value of what he bought; purchases in enforcement or bankruptcy are excludedOrdynacja podatkowa, art. 112 and 112aDz.U. 2026 poz. 622
No decision can be issued more than five years after the end of the year the arrears arose, with three more years to collectSame act, art. 118 §1–§2Dz.U. 2026 poz. 622
The certificate of the seller's arrears: issued freely to the seller, to the buyer only with the seller's consent, within seven days; the buyer is not liable for arrears it doesn't show; liability returns for anything arising if more than 30 days pass between issue and saleSame act, art. 306g and art. 112 §6–§7Dz.U. 2026 poz. 622
The fee is 21 złotyUstawa o opłacie skarbowej, scheduleDz.U. 2025 poz. 1154
The civil code makes the buyer jointly liable for the enterprise's trade debts, capped at its value, unless he did not know of them despite exercising due care; this cannot be excluded by contract without the creditor's agreementKodeks cywilny, art. 55⁴Dz.U. 2026 poz. 795
The social insurance law borrows the tax rules for contribution arrears by naming which articles apply; it names art. 112 §1–5 and does not name §6–7 or the certificate provisionUstawa o systemie ubezpieczeń społecznych, art. 31 and 32Dz.U. 2026 poz. 199

Netherlands

Claim in the articleProvisionSource
Chapter VI is a closed list of roughly 25 grounds for making a third party liable for someone else's tax, and "buyer of a business" is not among themInvorderingswet 1990, arts. 32–49wetten.overheid.nl
Articles 34 and 35 can make you liable for someone else's payroll tax where the business hires through an agency or works down a subcontracting chainSame act, arts. 34 and 35wetten.overheid.nl
A transfer of a whole set of assets counts as no supply for VAT, and the acquirer steps into the transferor's positionWet op de omzetbelasting 1968, art. 37dwetten.overheid.nl
Staff transfer by law, and the seller stays jointly liable for a year afterwards for obligations arising before the transferBurgerlijk Wetboek, Boek 7, art. 663wetten.overheid.nl

Ireland

Claim in the articleProvisionSource
A transfer of business is deemed not to be a supply for VAT, and no general successor rule for the seller's tax debts was foundValue-Added Tax Consolidation Act 2010, s. 20(2)(c)revised acts · Revenue manual, Transfer of Business
Where the deal includes a capital good, the buyer becomes successor to the previous owner's obligations on itSame act, s. 64(10)(c)(ii)revised acts
Staff transfer, except where the seller is in insolvency proceedings, and that carve-out falls away if the insolvency was arranged to get round the rulesS.I. No. 131/2003, reg. 4(1) and reg. 6(1)Irish Statute Book

United Kingdom

Claim in the articleProvisionSource
Liabilities move from seller to buyer only if both apply for itValue Added Tax Act 1994, s. 49(3)legislation.gov.uk
Taking over the seller's VAT registration number makes his outstanding VAT on that number yours, including VAT on stock and assets he keptVAT Regulations 1995, reg. 6(1) and 6(3)(a); form VAT68regulation · HMRC VAT Notice 700/9
Capital Goods Scheme obligations transfer on property of £250,000 or moreVAT Notice 700/9, §3.1HMRC
The tax authority can make you jointly liable for the tax of a company that replaced insolvent ones: at least two insolvencies inside five years, debt over £10,000 and more than half the unsecured liabilities, same or similar trade, and a relevant connection to the new companyFinance Act 2020, Schedule 13, para. 3legislation.gov.uk
Staff transfer, and any act or omission of the seller before the transfer counts as the buyer'sTUPE 2006, reg. 4(1)–(2)legislation.gov.uk
Unpaid PAYE does not transfer: the new employer is not liable for tax deductible before the changeIncome Tax (PAYE) Regulations 2003, reg. 102(4) and 102(6)legislation.gov.uk
Unpaid National Insurance does not transfer: the succession rule defines "employer" as the employer before the changeSocial Security (Contributions) Regulations 2001, reg. 72legislation.gov.uk

The gaps, stated plainly

These are in the article too. They are repeated here so the list is not more confident than the piece it supports.

Belgium's official gazette was unreachable. `ejustice.just.fgov.be` returned server errors on every attempt on 22 August 2026, and was still not answering when these links were rechecked on 14 September 2026. The Belgian statutory text therefore comes from a mirror that publishes the official Monitor, with the substance confirmed on the finance ministry's own pages. Treat the wording as reported rather than verified against the publisher.

Belgium's employment provisions are not cited in the article. The text of CAO 32bis arts. 7–8 was available only as a scan without a text layer, and what I have came from machine recognition. It has not been checked by eye, so it was kept out of the article rather than used with a hedge.

Luxembourg is half-answered. Liability under § 116 is confirmed. Whether any other instrument performs the job of a certificate, I could not establish. The position on social security contributions and on staff I did not confirm at all. And § 117 does not tell me, from the section I read, whether the month runs from the purchase or from the discovery.

Ireland's employer social insurance arrears. I found no successor rule, but I also did not find a provision saying there isn't one, which is a weaker finding than the Dutch closed list.

Poland's contribution gap is read from the statutes, not from the courts. The lists in arts. 31 and 32 are primary text and I read them. I have not checked how the courts read the omission of §6–7.

Spain's employment figures sit outside this pass. The three-year joint liability and the dismissal scales come from the employment code, not from the tax statutes this article is built on.

Portugal, Italy and France are absent because I could not confirm their rules against primary law in this pass, and I will not cite an article number I have not read.

The United States was not read at all. There is no national register and successor liability is a state-level question with clearance certificates of its own. Treat it as unchecked rather than clear.


Compiled by Grig Kochedykov, Provenance Diligence. Corrections welcome and published the same day: this would not be the first time. The dataset behind an earlier piece described a method it had not used; that was corrected in public, and no measured value changed.