BILL NO. 23759: TREASURY COULD PURSUE THE COLLECTION OF DEBTS FROM COMPANIES TO THEIR SHAREHOLDERS AND RELATED COMPANIES

The Bill for Strengthening Tax Control (No. 23,759) introduces reforms and additions to the articles that establish new rules of joint liability and includes a new form of subsidiary liability.

The purpose of the bill is to broaden the scope of debt collection to shareholders, even outside the company’s liquidation situation. In this way, the government seeks to ensure that someone, in some form, takes responsibility for the company’s debts.

Those who hinder the seizure of assets or fail to execute it, “shall be jointly liable for the payment of the outstanding tax debt, up to the amount of the value of the assets or rights that could have been seized,” as established in Article 22 quáter of the proposal.

Furthermore, the subsidiary liability would apply to ‘administrative members’ and refers to legal representatives. This means that the group of people linked to the company who must respond would increase if the company does not have the necessary funds to meet tax obligations.