Glossary entry

Spanish term or phrase:

afecciones

English translation:

liabilities

Added to glossary by Charles Davis
Aug 29, 2014 11:36
9 yrs ago
47 viewers *
Spanish term

Afecciones

Spanish to English Other Law (general) building
Hola,

En el contexto,
"no aparecen cargas inscritas, aparte de las afecciones a la revisión de impuestos, habituales en el Registro"

En este contexto se refiere a "en lo que afecta a " as regards, with regard to o incluso reference pero no sé como "unirlo" con APARTE DE para que no quede demasiado forzado :-((((


Muchas gracias!
Change log

Sep 3, 2014 08:32: Charles Davis Created KOG entry

Discussion

CarolinSpain (asker) Aug 29, 2014:
thank you for your help: I always confirm with my client but just to know in case that was the sense.
AllegroTrans Aug 29, 2014:
and one should be translating into one's own native language, with at the very least a working knowledge of legal procedure and practice.
DLyons Aug 29, 2014:
Translating legal terms into English is not to be undertaken lightly. Note the range of responses from native speakers.
Andy Watkinson Aug 29, 2014:
@Carolin It's not "with regard to" - it is to ensure all back and future tax payments can be collected.
A form of "tax lien" - otherwise the property is free from encumbrances.

Proposed translations

+4
1 hr
Selected

liabilities

This "anotación de afección fiscal" is routine. What it means is that if you acquire a property, you can be liable for underpayment of tax by the previous owner. Specifically it refers to Impuesto sobre Transmisiones Patrimoniales (ITP) and Impuesto sobre Sucesiones y Donaciones (ISD). Liabilities for these taxes on a property are paid by autoliquidación (self-assessment). Hacienda reserves the right to review the payments for a period of five years to ensure that all the tax due was properly paid. If it wasn't, they will seek to recover it, and if they can't get it from the person who should have paid it, they will collect it from the new owner, since such tax is a charge associated with the property. So it means that the new owner is liable for any such taxes due as a result of underpayment revealed by a review of payments made.

It's well explained here:
http://basededatos.indicator.es/compraventa_inmobiliaria/_qu...

--------------------------------------------------
Note added at 1 hr (2014-08-29 13:03:26 GMT)
--------------------------------------------------

This discussion also helps to clarify the meaning:
http://www.lainmobiliaria.org/foros/viewtopic.php?t=13313

--------------------------------------------------
Note added at 6 hrs (2014-08-29 17:43:48 GMT)
--------------------------------------------------

Perhaps it would help if I try to clarify my answer, in view of some of the recent comments. "Afección" means the state of being "afecto a" (subject to) some charge. In this case, the property is "afecto a la revisión de impuestos": subject to tax audit (or review, or whatever you want to call it), that is, a review conducted by the tax authorities of tax paid or unpaid in the past. This is an elliptical way of saying that it is subject to any tax liability that may emerge as a result of such an audit or review. My suggested translation is also elliptical; it means something like "apart from being subject to any liabilities that may arise as a result of tax audit". I think you could dispense with "being subject to", which is already implied by "cargas" (it is clear from the previous bit that these "afecciones" are a "carga"), and simply say "liabilities arising from".

If you use "charges" for "afecciones", either you'll have to think of a different word for "cargas" (for which it's the natural translation), or you'll have an awkward and confusing repetition. And I can't quite see how you would construct the rest of the sentence after "charges", though I expect there is a way of doing it.

--------------------------------------------------
Note added at 21 hrs (2014-08-30 09:19:03 GMT)
--------------------------------------------------

By the way, I can't help noticing that in the previous question on "afecciones fiscales", from 2008, the accepted answer from Tom Thumb was "outstanding tax exposures {charges or liabilities}", with the explanation: "If a nota simple land search/office copy entires [sic, for entries?], then preferably outstanding tax liabilities." And a nota simple is probably what this is.
Note from asker:
Muchas muchísimas gracias por tu respuesta, ha sido de gran ayuda y muy aclaratoria. Muchas gracias Charles David!
Peer comment(s):

agree Andy Watkinson : Everyone expects the Spanish tax authorities.
18 mins
Except that they always seem to go after people like us and not the rich bastards. I suppose the rich bastards have good lawyers. Thanks, Andy!
agree AllegroTrans : yes, this works but more accurately I think it means a "registration" or "registered charge" (in the Land Registry) in respect of a tax liability
28 mins
I agree that the land registry note is a registration of the tax liability, but I think that's clear from the context, and "liabilities" alone would be enough. The Registry is obliged to record the fact that this potential tax liability exists.
agree Marina Ilari
41 mins
Thanks, Marina :)
agree Paul Stevens
2 hrs
Thanks, Paul :)
neutral Adrian MM. (X) : a la revisión de impuestos: liabilities (subject) to tax audit or adjustment? Surely, something else is needed to echo the preposition.//don't think so. This is ex ante and not ex post facto, plus the question could have expanded to the crucial context.
4 hrs
"Liabilities arising from" would do the trick, I would say. But that wasn't part of the question. // The sense of "arising" is obviously future. The liabilities, if any, already exist but will or may come to light through a future audit.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Muchas gracias a todos!"
-1
1 hr

...provisions...

...other than provisions relevant to tax reviews...
Peer comment(s):

disagree AllegroTrans : No, this is not about provisions, but Land Registry entries to secure tax debts
1 min
Something went wrong...
+2
1 hr

Charges

There are no ...liens/charges... recorded on the Registry, other than those customarily collected as taxes.

--------------------------------------------------
Note added at 2 hrs (2014-08-29 14:20:17 GMT)
--------------------------------------------------

DRAE:
afectar.
8. tr. Der. Imponer gravamen u obligación sobre algo, sujetándolo el dueño a la efectividad de ajeno derecho.

http://www.prestamos-personales.info/Doc/vp-tid:10-pid:3-afe...
AFECCIÓN DE BIENES
Siempre que la ley lo establezca, los bienes y derechos transmitidos quedan afectados al pago de los correspondientes tributos que graven las transmisiones, adquisiciones o importaciones, cualquiera que sea su poseedor a menos que sea un tercero de buena fe y justo título protegido por ley. Si la deuda no es satisfecha, la Hacienda pública podrá requerir al poseedor del bien afecto el pago del mismo.
Peer comment(s):

agree AllegroTrans : yes, but "customarily" is not appropriate here
1 min
Thanks.
neutral Charles Davis : "Charges" is fine for "cargas" but not for "afecciones", which is the question term. // In Spain they do always have to record this potential liability, yes (there is hardly ever anything to pay in practice). // You're welcome! Saludos cordiales.
2 mins
Thanks, but I still think a "charge" is an amount of money that you have to pay. Do you record a liabilty on the Registry? Thanks again. Mr. Davis.
agree Billh : it is a charge on the property covering potential tax liability. i have used charges for this for a quarter century
3 hrs
Thank you.
neutral Adrian MM. (X) : charges is already in there: no aparecen cargas inscritas//Indeed whilst land liens work(s) in the US, but not in the UK where they are called land charges or even mortgages.
4 hrs
Thank you. Yes, it is already there. I have also seen it as "encumbrances of assets"??.
Something went wrong...
5 hrs
Spanish term (edited): Afecciones: a la revisión de impuestos

Exposures: Items subject to tax adjustment

Tax liens, liabilities or charges are the usal sense, but exposure often works even outside a context of indecent exposure.

The preposition of afecciones a la revisión also needs to be reflected.

Also a non-native speaker might have a far better idea of the source-meaning, to wit a native Spanish translator translating charges over land into Spanish as debitos.
Example sentence:

CARGAS DE PROCEDENCIA: Por procedencia de la FInca Nº......AFECCION: Afecta a la posible revisión por la autoliquidación del Impuesto de Transmisiones Patrimoniales y actos juridicos Documentados por el plazo de 5 años.

Peer comment(s):

agree Noemi Quirch-Valle : Yes, I like this better that just liabilities. I totally missed your entry from 2008. Good job.
2 hrs
Thanks and gracias. Most translators seem to dislike my indecent exposure joke.
disagree Billh : No. It is an encumbrance in rem. Your answer does not even vaguely answer the question.
5 hrs
It's afecciones a - not encumbrances to revision. Answers need to be contextualised and one solution does not fit all sizes: http://www.proz.com/kudoz/spanish_to_english/real_estate/240...
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search