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the Government Ordinance no. 5/2020 for amending and supplementing the Law no. 207/2015 regarding the Fiscal Procedure Code

5 February 2020

On Monday, 03.02.2020, entered into force the Government Ordinance no. 5/2020 for amending and supplementing the Law no. 207/2015 regarding the Fiscal Procedure Code. The normative act of the Government brings many amendments to the Fiscal Procedure Code regarding the mechanism of the administration of the tax receivables.

However, the most noticeable change, with the greatest impact on the taxpayers who have certain tax debts due to the local or central state budget, is the one regarding the establishment and lifting of the insurance measure of garnishment in the forced execution procedure.Thus, compared to the old regulation, the procedure of the establishment and lifting of the garnishment can be done electronically, through a system which is meant to help with the promptly accomplishment of the measures required by this procedure.

Therefore, the new regulation imposes on the banking institutions the obligation to establish and lift the garnishment on the accounts of the debtor, but also to communicate to the parties involved in the forced execution procedure any information regarding the fiscal debit through this electronic algorithm for managing the tax receivables.

If, according to the procedure of the old regulation, the debtor could obtain the lifting of the garnishment on his own accounts only after proving the payment to ANAF in front of the credit institutions in question, the new regulation obliges the banking institutions to raise the garnishment electronically, as soon as the fiscal debt was paid. Therefore, the taxpayer will be able to use his bank accounts immediately after paying the debt, by simply issuing his accounts with the help of this electronic system.

In conclusion, the new regulation supports the taxpayers of debt receivables and facilitates the mechanism of establishing and lifting the garnishment in the forced execution procedure which, with the help of this electronic algorithm, is realized with greater promptness than in the old regulation.