The decision of the Ministry to transfer the obligation of companies, partners, has brought the reaction of business associations. Through a letter with 22 signatures, the Ministry of Finance and Economy is asked to repeal the instruction, considering it contrary to the law on companies.
“We consider that the transfer of tax liability is illegal. We also consider that any conservative sequestration measure or other measure that affects the bank accounts and/or other assets of the partner, shareholder, administrator, which the tax administration may take, would be illegal. In this context, such measures can be taken only by the competent court during the trial of the lawsuit”.
According to them, the government in this way not only violates the rights of businesses, but creates more opportunities for abuse by the Tax Administration.
“In our judgment, the current wording of the instruction leaves room for abuse by the tax authorities, as it creates the idea that the latter have the right to issue blocking orders without initially having a final court decision.”
But for the Ministry of Finance, there is a misinterpretation of bylaws, and there are no obligations that are not provided by law.