Article 40 – Collection of Payable Tax and Administrative Penalties
If a Person fails to settle any Payable Tax within the specified timeframes under this Decree-Law and the Tax Law or Administrative Penalties, the following measures shall be taken:
- The Authority shall send the Person a notice to settle outstanding Payable Tax and Administrative Penalties within (20) twenty Business Days of the date of Notification.
- If the Person fails to settle after being notified pursuant to Paragraph (a) of Clause 1 of this Article, the Director General shall issue a decision obligating the Person to pay the Payable Tax and Administrative Penalties which shall be communicated within (5) five Business Days from the date of issuance of the decision with the Tax Assessment and Administrative Penalties Assessment attached thereto.
- The decision of the Director General regarding the Tax Assessment and Administrative Penalties Assessment shall be deemed as an executory instrument for the purposes of enforcement through the execution judge at the Competent Court.
If it appears to the Authority that the Payable Tax may be at risk of being lost, the Director General may request the Urgent Matters Judge in the Competent Court to issue an order on a petition to seize the assets of the Person that are sufficient to satisfy these amounts under the control of any Person whatsoever, such assets shall be temporarily seized and cannot be dealt with unless the seizure is lifted by a judgement of the Competent Court at the request of the Director General.
Tax and other amounts due to the Authority in accordance with the Tax Law shall have precedence over all the funds of the debtors or Persons who are obligated to remit them to the Authority by virtue of the law, such priority shall be over all other debts except for judicial expenses.
Any Person who receives any amount as a Tax must pay the amount to the Authority and it shall be treated as a Payable Tax.