EXTINCTION OF TAX LIABILITIES THROUGH SET OFF AND RETURN
EXTINCTION OF TAX LIABILITIES THROUGH SET OFF AND RETURN

Summary/Abstract: We deem that the Title VIII of the Fiscal Procedure Code is not wrong mainly as since2002 the legislator used the phrase “fiscal debts collection” through the Government Ordinance No.61/2002, when it replaced the phrase “execution of fiscal debts” that has been used under the Government Ordinance No.11/1996. We would emphasize that to the legal fiscal procedural institution “collection of fiscal debts” belongs also the field of extinction, voluntarily or by coercive force of the State, of tax obligations. It results from the legal provisions under Title VIII, with no doubt, that extinction of tax liabilities is achieved through ways that are common also for other legal obligations, such as: payment, dation in payment, prescription, enforcement: and through several specific means, such as: compensation, restitution, cancellation, insolvency, starting of the judicial reorganization procedure or through bankruptcy.

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