The case of the suspension of the operations of the Romanian branch of Bank of Cyprus has raised questions over the status of companies that have accounts opened with banks and are required to pay their taxes to the government.
As the bank's customers can't conduct operations at the counter or through internet banking, they can't pay their liabilities to the state budget. The representatives of the National Tax Administration stated, at the request of the BURSA newspaper, that "this is not a matter that falls under the competence of the institution".
Government Ordinance 92/2003, concerning the Tax Procedure Code, only stipulates that the taxpayers are legally responsible, if their payments made through the bank are more than three days late. Thus they will need to bear the interests and penalties pertaining to the payment delay.
Recouping the funds from the banks is also the responsibility of the companies.
The legislation in effect does not provide protection against the companies that are expected to conduct payments to the state budget through bank settlement, if the bank that they have their accounts with has suspended its operations. According to Government Decision 109/2009 concerning the organization and functioning of the National Tax Administration Agency (ANAF), with its subsequent amendments and modifications, this kind of matter does not fall within its competency, the officials of the institution told us.
The failure to pay to the state budget the amounts owed to the consolidated state budget, within three working days from the date the account of a company has been debited, does not exonerate the company from the obligation to pay those amounts and it will be forced to pay interest and default fees, according to the Government Ordinance 92/2003, concerning the Tax Procedure Code. "In order to recoup the amounts owed to t
