Commencement and Termination of the Limitation Period for Tax Liabilities in Bankruptcy Proceedings
Commencement and Termination of the Limitation Period for Tax Liabilities in Bankruptcy Proceedings

Summary/Abstract: Commencement and termination of the limitation period is only outwardly precisely set out in the tax law. It is a particularly complicated task to determine them, if they are dependent on events that are not defined in the Tax Ordinance. From the point of view of the creditor under public law, it is important to determine the date when the limitation period restarts. As far as legal persons are concerned, the regulations stipulate that it does on the date when the decision to terminate bankruptcy proceedings becomes final. It is problematic to determine the time of restart of the limitation period for tax liabilities of bankrupt natural persons who have benefited from, for example, the possibility of having the bankruptcy court devise a repayment plan. There is sound reason to acquire a broad understanding of bankruptcy proceedings that such debtors are subjected to, which would not be limited to, for example, Article 49114(8) of the Bankruptcy Law.

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