Such agreements serve to facilitate payment of the tax credit rating privileged within the bankruptcy process. Allow flexibility not enjoyed by other procedures such as the postponement or installment payment, subject to limitations of the tax legislation.
So far, these agreements could only be achieved before the judge declared the bankruptcy, but now, with this instruction, may sign a posteriori. The goal is to provide companies the payment guarantee and time.
According to the Instruction 3/2014 of 19 November, the Director of the Department of Revenue of the State Tax Agency for the signing of unique agreements with forced declared in bankruptcy, "the singular agreement will be the general framework conditions to the satisfaction of the tax credit rating privileged within the bankruptcy process. "
According to art. 91 of the Bankruptcy Act, have this consideration, first the "corresponding to tax and social security deductions owed by the bankrupt pursuant to a legal obligation amounts" and also "Tax credits and other public law and such as Social Security credits that do not enjoy special privileges under paragraph 1 of Article 90 or the general privilege of this article 2nd number ", ie, 50% of the total tax liability, subject that Treasury debt has some privileges, as guaranteed by mortgage.
This agreement may only be signed with the bankrupt.
The deadline for the signing of these agreements will be the effectiveness of the creditors' agreement. However, it also states that "Not with standing the above, in the case of debtors in bankruptcy general agreement approved and which in the past had not signed a single agreement but rescheduled or payment of credit in once had the credit rating of privileged bankruptcy, it may sign a special agreement "although that term has elapsed. To this end, the debtor must not have outstanding claims against the estate and should be aware of any other payment obligations accrued after the effective date of the agreement.
The terms of these agreements will be established "with uniformity and generality, notwithstanding the differences that may correspond to the needs of each particular case."
"In principle the general agreement of the insolvency proceedings affect exclusively qualified as ordinary and subordinated loan. However, when circumstances make it advisable and prior authorization of the Department of Revenue, may be incorporated in the general agreement the payment terms the privileged on which the tax authorities have attributed the competence to vote on the agreement credits. in this case, special agreement shall be entered, but the criteria established in this Instruction to negotiate the comprehensive convention be taken into account. "
"The unique agreement will be signed only by the privileged credit, requiring, in any case, the obligation to have satisfied all qualified as claims against the estate as well as, if any credits, loans originated after the effective date of General agreement signed. "
The unique agreement may expect, as well as any conditions and guarantees may be required for the best recovery of public credit. Also, it can be incorporated as collateral seizure of commercial establishments and behold, in the case of default, a clause expressly provides for the possible administrative intervention commercial establishment in the terms of Article 170.5 of the LGT.
Finally, the Instruction provides that the failure of any payments and clauses in the agreement will produce its resolution in full, without any exceptions by the entity, being in favor of the Treasury the amounts hitherto satisfied , which will apply to the relevant tax concepts. (EUROPA PRESS and Writing)
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