Advocate Ofir Sternberg

Insolvency and Economic Rehabilitation

Tax Debt in Insolvency: What Should Be Reviewed Before Commencing Proceedings?

A tax debt may include principal, interest, penalties, and unfiled returns. Before selecting a route, identify the type of charge, assessments, tax periods, and whether all required returns were filed.

A tax debt is not a single figure

Income tax, value-added tax, withholding, and other charges should be separated, and the principal, linkage, interest, and penalties examined. Debt arising from an assessment, deficient reporting, or failure to remit withholding may present different issues.

Complete the reporting picture

A financial proceeding does not replace tax returns. Determine which returns were filed, which periods remain open, and whether the balance reflects final figures. Addressing payment without reporting may leave the underlying problem unresolved.

Does discharge apply to every tax debt?

There is no uniform answer. Examine when and how the debt arose, whether it was included in a proof of debt, and whether a statutory exception applies. The analysis depends on the facts and law, not merely the creditor's identity.

A self-employed person who continues working

When the business remains active, current reports and payments must continue. New tax debt during the proceeding may undermine rehabilitation.

Concluding point

Resolution begins by reconciling the debt with the applicable returns and periods. Only then can an arrangement, tax challenge, and insolvency be compared.

Principal legal sources

  • Insolvency and Economic Rehabilitation Law, 5778-2018.
  • Income Tax Ordinance [New Version].
  • Value Added Tax Law, 5736-1975.

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The information is general and does not constitute legal or financial advice. Terms of use