Palermo court cancels man’s 188,000 euro tax debt due to inability to pay
In the years when he was the owner of a restaurant business, he had accumulated debts with the Revenue Agency for 187,894 euros: using one of the procedures provided for by the Code of business crisis and insolvency, he obtained a ruling from the Palermo Court that effectively recognizes the objective impossibility of honoring his debts, which were therefore canceled. The protagonist of the story is a 56-year-old man from Palermo who, in the discharge procedure, was represented by lawyer Manuela Marullo.
“The crisis code has incorporated the so-called suicide-save law,” the lawyer says. “The legislation provides that, once a series of specific conditions are met, the discharge of the deserving natural person can be granted, who therefore did not cause that situation through fault or deceit.”
Among the reasons for the ruling by Judge Giulio Corsini of the fourth civil section of the Court, it is highlighted that “the petitioner is not, currently or even in the future, able to offer any direct or indirect benefit to his creditors.” In fact, after the cessation of the business, the man found employment with a part-time contract, the only source of income for him and his family.
“It is a relatively recent and still little-known regulation, even by those in a situation that could lead to a reduction in debt or, as in this case, its total cancellation,” adds lawyer Marullo, who was assisted by accountant Francesco La Franca in preparing the case.
Discharge is one of the procedures for resolving over-indebtedness crises, intended for debtors who do not engage in medium-large commercial business activities: consumers, professionals, small business owners, agricultural entrepreneurs, and owners of innovative start-ups. The petition was filed following an evaluation by the over-indebtedness crisis mediation body, established at the Association of Accountants of Palermo.
Non può pagare un debito di 188 mila euro col fisco, il tribunale di Palermo lo cancella
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