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Svar: SKAT wants to collect the whole dedt. Bankruptcy?

Cookie - John Hannover — Thu, 09 Jul 2020 09:54:27 GMT

szam:
Do you think it is possible for me to take over some part of his debt ? Would it make any difference?

no that would not be possible but you could give him af gift - with tax on that gift after gift tax rules) which would not make much sense. If they might accept that you bailed for the amount is hard to say but could be offered - so IF he did not pay in full within - now new 12 month - you would have to pay?

The easier option, if you have the money, is that you lend him the money - on a one year lend - he pays tax NOW and then you instead of tax over a year - no tax consequence but clearly your risk.

szam:
Almost all of the above would make sense, except for bankruptcy and closing the company, because the only good source of income will disappear

that should be considered also by the court in case of claim for bankruptcy - they will look into consequences of losing job - income possibilities and all -

br John Hannover

Svar: SKAT wants to collect the whole dedt. Bankruptcy?

szam — Thu, 09 Jul 2020 05:49:26 GMT

I understand that they have to be strict and rightly so.

Almost all of the above would make sense, except for bankruptcy and closing the company, because the only good source of income will disappear.

Do you think it is possible for me to take over some part of his debt ? Would it make any difference?

Once again thank you all for your replies.

Svar: SKAT wants to collect the whole dedt. Bankruptcy?

Cookie - John Hannover — Wed, 08 Jul 2020 22:28:50 GMT

Juliemusen:
Hold x% of his salary?

is of course the option 1 they will use if there are no values to collect - and that will be over his head for ever, but agree - there is not so much more to do than to try and get a new payment agreement, or to continue as best one can.

It is tough to have debt to tax (and I suppose rightly so as we would probably otherwise always avoid paying tax as indendent persons) as they can indeed hold back salary through employers or - for businesses demand prepayment/security for VAT and for tax + at worst - they can get declaration for personal bankruptsy (will do that simply if they cannot claim the money through values or withholding salary) = goodby to bankconnections and lots of trouble for the company run as personal company

br John Hannover

Svar: SKAT wants to collect the whole dedt. Bankruptcy?

Juliemusen — Wed, 08 Jul 2020 19:42:03 GMT

But seriously then let them come. What are they gonna do? Take the hair out of a bold man? Hold x% of his salary?

they cannot do anything, so let Them come and bully you a bit, and then keep paying and make sure to keep your receipt for the payment.

Svar: SKAT wants to collect the whole dedt. Bankruptcy?

Cookie - John Hannover — Wed, 08 Jul 2020 17:23:00 GMT

szam:
They never said anything about the 12 months when the deal was made, and he has been paying exactly what they asked on time.

that is a standard -I think in fact it is the longes they may make agreement on - and what they said or not, could be difficult to prove - and does not change muh

I cannot say what tax will answer, I think in general they are only allowed agreement on up to one year, but if he has been paying according to the agreement - an exact amount corresponding to what was promised - then obviously I would try to make a new agreement for one year - if tax is allowed that

I may be they end up with less, but no-one knows -as the debt in principle will live for the rest of his life (and to those inheriting)

br John Hannover

Svar: SKAT wants to collect the whole dedt. Bankruptcy?

szam — Wed, 08 Jul 2020 14:46:27 GMT

Cookie - John Hannover:

It is the right of Tax to collect debt if an agreement goes longer than 12 month - it is after all "our" money which the person with the debt has spend on own person rather than paying - so you can probably not change that - but try to negotiate.

br John Hannover

Thanks for the reply. They never said anything about the 12 months when the deal was made, and he has been paying exactly what they asked on time. He actually wants to pay the full amount as fast as possible.

His belongings are probably worth max 50k. Do you think they would accept if we suggest to pay the full amount within a year? The company is making enough money, and it is actually getting even better.

It looks like otherwise instead of the full amount they will end up with an old car.

Svar: SKAT wants to collect the whole dedt. Bankruptcy?

Cookie - John Hannover — Wed, 08 Jul 2020 10:57:45 GMT

It is the right of Tax to collect debt if an agreement goes longer than 12 month - it is after all "our" money which the person with the debt has spend on own person rather than paying - so you can probably not change that - but try to negotiate

They have the right to make claim on things belonging to the one who has the debt, and nothing else, but things in a common household can of-course create problems in proving who is the right owner

br John Hannover

Svar: SKAT wants to collect the whole dedt. Bankruptcy?

szam — Wed, 08 Jul 2020 08:28:38 GMT

Yes it does :(

Does anyone know how should we handle this? Do they have any claim on my stuff in the house or only my boyfriend's?

Should we get a lawyer?

The accountant is on vacation unfortunately so he can not help us more.

Svar: SKAT wants to collect the whole dedt. Bankruptcy?

endnuen1 — Tue, 07 Jul 2020 21:14:11 GMT

wow, that sucks....

Svar: SKAT wants to collect the whole dedt. Bankruptcy?

szam — Tue, 07 Jul 2020 17:59:45 GMT

There is no payments missed because I am actually following all the payments since we go the deal. There is also no new debt and we doublechecked with our accountant.

Skat also admitted on the phone that the deal was ok on our part and there is No new debt.

However they said that they still have the right to get the money and we should go to the bank for a loan or ask family and friends. That was their only recommendation.

Svar: SKAT wants to collect the whole dedt. Bankruptcy?

endnuen1 — Tue, 07 Jul 2020 17:38:23 GMT

sounds like a missed a payment, never heard SKAT suddenly shutting down an agreement.. he probaly build some more debt and missed a payment :) you sure you are hearing the whole story?

Svar: SKAT wants to collect the whole dedt. Bankruptcy?

szam — Tue, 07 Jul 2020 16:28:46 GMT

Hi. This is only the last year and this is a personal company, so there is not 200k savings at the moment to pay.

From this money he pays rent and his living expenses plus the previous deal with skat.

Svar: SKAT wants to collect the whole dedt. Bankruptcy?

Lurks in the dark — Tue, 07 Jul 2020 15:56:26 GMT

If he has 300k in profit he should be able to pay off 200k easily.

But damn our tax authoreties is a bunch of damn fascists and I'm so happy I ain't never have to deal with them.

SKAT wants to collect the whole dedt. Bankruptcy?

szam — Tue, 07 Jul 2020 13:19:40 GMT

My boyfriend has small personal business and a debt to SKAT of around 200k. The business has been doing better for the last year (around 300k profit) and he has a deal with SKAT to pay a monthly amount due to the debt. He has not missed a payment and he has not created any new debt since the deal has started.

Now, he has just received a letter from skat that they want the full amount and the bailiff will visit my place to evaluate his belongings. He asked them about the deal and they said it is not relevant and they want the money now.

I understand that this is their right and they can ask for the amount whenever they choose, although the timing is terrible given the financial situation of everyone.

He only has a small car in his name and not much more.

I would like to ask about how should we handle the bailiff visit? The apartment is rented by myself and almost everything inside belongs to me.

Do I or he need a lawyer? Should I also be present since its my apartment?

Do you think they will make another deal or will they declare him bankrupt?

Any advice is appreciated.

Tak