Regarding the amnesty granted to debtors in insolvency, the special and judicial administrators must obtain the consent of the creditors to access the fiscal facilities, according to Law no. 85/2014 on insolvency. Considering that in the insolvency procedure, payments can only be made under limited conditions (current payments, payments according to the reorganization plan, etc.), the specification helps to avoid situations in which the tax authorities would have been paid before other categories of priority creditors . Practically, the amendment shows that, although GEO no. 107/2024 is a special law by reference to Law no. 85/2014, the application of the amnesty cannot be done without disregarding the will of the creditors.
For more information, please see the Romanian version of this article, here.
