Tax Code: ‘Bellades’ for debtors – When they lose their right to regulate their debts

The provisions determining when a debtor loses the right to his debt and is obliged to pay his full amount immediately , in accordance with the new Tax Code put in consultation with the Ministry of Finance bill from 31 March 2024 . The debtors to the State are many, with over 4 million citizens owed to the IRS and more than 2 million owed to the ICCA, while the total amounts of debts exceed 150 billion euros, with all of them affected by the new provisions, although they do not comply with the necessary provisions. The Ministry of Finance clearly sets out those cases where there is a loss of regulation for the debtor, putting him in “troubles” in relation to the conditions for repayment of his debt. In particular, the relevant articles provide that the arrangement is suspended, with the result that the balance of the debt is paid immediately if the debtor: it shall not pay 2 consecutive monthly instalments of the arrangement or delay the payment of the last 2 instalments of the arrangement for the corresponding period of time, it shall not submit the estimated declarations of income and value added tax, throughout the period of its adjustment and until its repayment, within 3 months at the latest of the expiry of the deadline for their submission or, where the deadline for submission has expired by 31 December 2023, within 5 months of that date. it does not repay or settle in a legal manner its debts, throughout the duration of the arrangement, within three months of the expiry of their payment deadline. He is subtropical to a number of relevant infringements clearly defined by law. Relapse means the adoption of an act imposing a fine of any relevant infringement since the entry into the regulation. In addition, in a separate article, the new Tax Code provides that the arrangement is dismissed if the debtor: does not pay 2 consecutive monthly instalments of the arrangement or delay the payment of the last 2 instalments of the arrangement for a period of more than 2 months, does not repay or settle in a legal manner its debts within three months of the expiry of their payment deadline.