Themes therefore to undergo a foreclosure real estate
Folders tax and notices of assessment from the Revenue Agency: who protects the house in the property can avoid foreclosureYou received many cards and payment now your debt with the office of Revenue Collection has exceeded thousand euros. Thankfully, a few years ago, on the advice of a good notary, you entered into a property fund, and, within, you have entered the house. Now you feel that you be protected by this warranty and not the issues most of the payment reminders or mortgages. In the case of tax liabilities, the fund is asset protection. Unfortunately I have to give you bad news: in spite of the a number of limits to the seizure of real estate introduced in in respect of the tax collection agent, between these is not mentioned in the heritage fund. However, the recent jurisprudence holds that the bottom sheet is attacked when it is a question of debts of a fiscal nature. Nevertheless, there are other forms of protection to which you can cling your hopes. Let us see how things are First of all, to be able to “work”, the bottom sheet must have been made before the birth of the debt, the fund made after it, though first of arrearage, is not opposable to the creditor. A person does not pay the personal income Tax of. A few months later realizes the fund assets, comforted by the fact that you have not yet received any notice of assessment or folders to tax collection. In reality, the fund is not useful, since the debt is already built. In the same way, imagine that a person to contract a loan with a bank and that you pay the regular rate. At this juncture enters into a heritage fund. Two years after he is fired and stops the payments. Also here the bottom sheet is not the protection visa, which was formed after the birth of the debt, even if when it was still in good standing with payments. The fund has been constituted before the birth of the debt, however, is shaky. It shall become final only after five years. Before that time, in fact, the creditor can have it declared invalid - with the so-called action to set aside - if they can show that the debtor, once constituted, the fund, was stripped of all of its assets and left the creditors without any warranty. For example, a person owns one house, included in the fund assets, and a debt of thousand euros may be subject to revocation. Vice versa, a person owns three houses, one of which is inserted in the bottom, and a debt of thousand euros may not be the claw back.
We do two examples to better understand the issue
In essence, the fund may be subject to five years in the action to set aside if the creditor proves that the debtor has made an appeal for the purpose of truffarlo and steal the goods liable to seizure. The fund asset protection from the debts contracted for the needs of the family, even if arisen after its constitution. Only debts arising from expenses voluttuarie (e.g. travel, luxury cars, leisure, etc) or for investment purposes do not allow for the seizure of the assets of the fund. So, for example, if a person does not pay the condominium - in the case of charges linked to the house, and then to a needs of a family - the fund assets can be attacked the same applies to the debts incurred for the clothing, car, etc, Many taxpayers have resorted to the fund balance just to get away from possible liabilities arising from breaches of contract tax. So, who had a fund has often neglected to pay taxes such as income Tax, Vat, etc, Just to put the embankment, and this phenomenon is elusive, the case-law of the Supreme court, has married, but the interpretation is very strict: the tax liabilities are to be considered contracts for “needs family members,” and then, even if occurring after the creation of the fund, may also allow for the seizure of the house. Result: the house with the bottom asset is attachable by the Agency of Revenue Collection and any other tax collection agent even if the fund was constituted in the period leading up to the notification of the folder or at the birth of the same debt. This applies as much to the taxes related to the business (for example Vat, Ires, Irpef (personal income tax) or indirect (for example Imu, Tasi, Tari, etc).
The rest of the work is aimed to obtain a gain, and this - there is no doubt - is a means of sustenance for the family.
Even the Supreme court has deemed it a legitimate run on the fund assets for liabilities arising from fines for violations of the highway Code, and contributions are outstanding.
The same applies, of course, and all the more so for the mortgage: this is, in fact, not being an act of the levy of execution, but only an interim measure, it may well be registered on the property provided in the bottom sheet. Recently, the Supreme court has said that it is also sequestrabile the property of the alleged evader even if it is made in a fund asset. If it is true that the fund's asset protection from debts and tax folders tax when made before the birth of the debts themselves, this applies all the more reason when it is created after. Indeed, in this case also takes the crime of subtraction fraudulent the payment of taxes"if the arrearage pertains to personal income Tax or Vat, and exceeds thousand euro. However, the fact remains that, with or without the bottom sheet, the debt collector is required to comply with all the other limits relating to the seizure of real estate. And therefore: hi I have several the debts owed to the same creditor that has a company. now not having money to pay it off, I would like to know if working for him for free, I can repay what I owe him. thanks a lot Hello Lucio In our legal system to work it is assumed carried out against payment of a remuneration, unless it can be demonstrated that there is a solidarity or volunteering. In this perspective, you can work for free to pay your debt.
However, there are some cases in which, if you are already an employee of a company and you've created a damage, you can pay it off by agreeing that the related costs will be deducted from the salary.
'Law for All' is a newspaper founded by avv.
