THE STATE POSITION AS A PREFERENT CREDITOR OF THE TAX DEBT IN BANKRUPTCY

R. Damayanti
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Abstract

Bankruptcy is a decision issued by the Court that resulted in a general confiscation of all the wealth owned and the wealth that will be owned by the debtor in the future. The State has the preference right to tax debt on the property of the Taxpayer. This means that the position of the state as a preferent creditor who is declared to have prior rights over the property of the Taxpayer to be auctioned in public. The state's preference by taxpayer repayment is in fact not as easy as one might imagine, there are some problems. The purpose of article writing is to know the position of the State as a preferent creditor for the tax debt of the taxpayer declared bankrupt and know the obstacles of the State as a preferent creditor to the repayment of tax debt on taxpayers declared bankrupt. Provisions on the State's prior rights include the principal taxes, administrative sanctions in the form of interest, penalties, increases, and tax collection fees. The weakness in the regulation creates an impediment to the application of the State as a preferential creditor who has the preference right, namely the formulation of the preference right itself that is unclear about the notion of the state's position as the preferent creditor, in addition to the overlapping regulation of the preference right (preferent creditor) The Civil Code, the Law on General Taxation and Bankruptcy Laws and Postponement of Debt Payment Obligations which not only the State as the Preference rights holder's creditors.
国家在破产时作为税收债务的优先债权人的地位
破产是法院作出的一项决定,其结果是普遍没收债务人拥有的所有财富和未来将拥有的财富。国家对纳税人的财产有优先纳税的权利。这意味着国家作为优先债权人的地位,被宣布对纳税人的财产拥有优先权利,将被公开拍卖。国家优先由纳税人偿还其实并不像想象的那么容易,存在一些问题。文章写作的目的是了解国家作为优先债权人对被宣告破产的纳税人的税收债务的地位,了解国家作为优先债权人对被宣告破产的纳税人的税收债务清偿的障碍。对国家优先权利的规定包括主要税收、以利息、罚款、增收和征收费用为形式的行政处罚。规定的薄弱造成了国家作为具有优先权的优先债权人适用的障碍,即优先权本身的制定不清楚国家作为优先债权人的地位的概念,以及对优先权(优先债权人)的重叠规定。《一般税法》、《破产法》和《延期偿债义务法》规定,国家不仅作为优先权持有人的债权人。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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24 weeks
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