News
Omitting to pay taxes and social security contributions may constitute the crime of bankruptcy fraud
- 05/02/2018
The Court of Cassation, with Judgment no. 633 filed on 10th January 2018, has ruled that the systematic omitted payment of taxes and social security contributions, attributable to the directors of a company, is to be included among those wilful operations able to cause the bankruptcy of a company, as set forth in article 223, paragraph 2, no. 2, of the Italian Insolvency Act.
The said type of bankruptcy fraud entails the commission, by the directors, of abuses and acts not complying with their duties, such as omitting to pay taxes and social security contributions.
It is not required that the directors foresee that their omissions will cause the bankruptcy of the company. It is sufficient that they deliberately and systematically fail to pay taxes and social security contributions.
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