– Foreclosure and Mediation procedure –
On January 17, 2019, Law no. 30/2019 regarding the approval of the Emergency Government Ordinance no. 25/2018 on the modification of certain regulations, such as those concerning the approval of fiscal-budgetary measures, was published.
Therefore, the Fiscal Procedure Code was directly endorsed and several amendments were brought. Thus, in relation to your activity, we consider that the following aspects could have the most impact:
- Fiscal foreclosure
The summons sent in the foreclosure procedure, shall specify the right of the debtor to resort to mediation. Taking this aspect into consideration, the actual foreclosure procedure shall not start, if, among others, the debtor notifies the intention of turning to the mediation procedure.
Also, if prior to these amendments, during the foreclosure suspension period, all the previous enforcement acts and any other applied foreclosure measures, including the preservation of assets, of incomes or of other sums existing in the taxpayers bank accounts remained valid, now, the legislator has established an exception. Thus, the abovementioned measures shall be no longer valid if within the foreclosure suspension procedure a guarantee letter/insurance policy of guarantee was brought. In this case, the enforcement measures taken are to be lifted by a decision which shall be issued within at least two days as of the moment when the respective suspension entered into effect.
- Mediation procedure
Through the new amendments, the possibility to resort to mediation after receiving the foreclosure summons has been regulated.
Thus, a notification should be sent to the fiscal authority within 15 days as of the reception of summons. As effect, a meeting with the tax payer shall be organized within maximum 10 days. During this period, the foreclosure measures are suspended, but the fiscal body is allowed to take insurance measures, if the case shall be.
The mediation result is noted in a minute, and afterwards the debtor must fulfill the corresponding obligations within a 15 days period, as of the mediation procedure finalization.
We shall continue to observe the legislative processes and keep you updated with any changes which may impact your activity, including those concerning the above mentioned topic.
Contact an Advisor
If you have any questions regarding this topic and how it might have an impact on your business, please contact the Mirus Consultant with whom you regularly work, or: