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Does the instigation of an enforcement case for collection of debts for taxes, social insurance contributions and interest interrupt the prescription period?

The obligations for taxes, social insurance contributions and interest are public debts. The Tax-Insurance Procedure Code (TIPC) contains the terms and conditions for public enforcement by a public enforcement official.

The public debts extinguish with the expiry of the prescription period of 5 or 10 years provided in the TIPC. The prescription may be interrupted when certain conditions are at hand. Interruption means that the expired prescription period is cleared off and a new one starts.

The interruption of the prescription according to the TIPC and the court-case so far

According to the TIPC the prescription shall be interrupted:

The judges’ views on which actions of public enforcement official were “enforcement actions” and which one of them interrupted the prescription were opposite.

The opening of an enforcement case and the service of a notice with invitation for voluntary payment appeared to be a challenge.

The Supreme Administrative Court (SAC) clarified the above in its interpretative decision dated 15.04.2021.  

The interpretative decision of the SAC

The SAC gave answers in it to the following questions:

According to the SAC, the opening of the enforcement case and the notice of the public enforcement official do not interrupt the prescription. These actions are not real enforcement actions.

The real enforcement actions:

The opening of an enforcement case is not a real enforcement action and does not interrupt the prescription because:

The notice of the public enforcement official is not a real enforcement action and does not interrupt the prescription because:

Further to the above and according to the SAC, the enforcement proceedings under the TIPC can be divided into two stages:

The interruption of the prescription is relevant to the second stage. Only the real enforcement actions interrupt the prescription period.

The present article is for information purposes only. It is not a (binding) legal advice. For a thorough understanding of the subjects covered and prior acting on any issue discussed we kindly recommend Readers consult Ilieva, Voutcheva & Co. Law Firm attorneys at law.