Aspecte inedite cu privire la reorganizarea judiciară
Inedited aspects of judicial reorganization

Summary/Abstract: The decrease in claims as a measure that can be taken in the reorganization plan is beneficial for the debtor. In these circumstances a problem arises regarding the qualification or nor of this measure as taxable income. This operation is not one that can fit into enumeration of art. 5 paragraph. (2) of the Fiscal Code Methodological Norms. Fiscal Code (art. 19) allows categorizing as "similar items of income" only those operations expressly indicated in the norms. The debt decrease by confirming the reorganization plan is not included in the listing provided by the Fiscal Code Methodological Norms. This is why this operation cannot be regarded as "taxable income." Lastly, any provisions of Order no. 1802/2014 cannot be incident as lit. e) of section 435 establishes that in the category "taxable income" are also included incomes from recovered receivables, contractual penalties, liabilities prescribed by law exempted or cancelled, and other operating income.

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