Law no. 93/2023: Clarifications regarding the Amendments to the Fiscal Procedure Code
Numărul 16-17, 26 apr. - 9 mai 2023 » Finance & Economics
The Fiscal Procedure Code was recently amended by Law no. 93/2023, in force as of April 21st, 2023. Here are some clarifications on the provisions of this law.
What does this new law bring?
It supports taxpayers who must collect amounts from the town halls based on final court rulings but at the same time have obligations to pay to the state budget in the sense that these payment amounts can be deducted from the claims against the local budgets. Until now, the taxpayer beneficiary of such court rulings, in order to recover the amounts from the local budget, had the possibility to start an enforcement action against the respective town hall, through a bailiff, which meant waiting time and sometimes uncertainty of recovery.
Until the entry into force of Law no. 93/2023 (April 21st, 2023), the Fiscal Procedure Code stipulated that the compensation procedure only applied when the claims were administered by the same public authority: „By compensation, the claims of the state or administrative-territorial units or their subdivisions representing taxes, fees, contributions and other amounts due to the general consolidated budget are extinguished with the debtor's claims representing amounts to be reimbursed, returned or paid from the budget, up to the competition of the smallest amount, when both parties mutually acquire the status of both creditor and debtor, provided that those respective claims are administered by the same public authority, including its subordinate units”.
The new law offers the possibility of compensation of the respective claims, provided that they are certain, liquid, and enforceable; the novelty is that such mutual claim settlement is possible irrespective of whether or not the obligations, respectively, the claims subject to settlement are administered by the same public authority.
Important: The new provisions established by Law no. 93/2023 also apply to claims established by final (and unextinguished) court decisions until April 21st, 2023.
(Copyright foto: 123RF Stock Photo)
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