The rules of the simplified liquidation have changed from the 1st July 2018. Taxpayers shall be entitled to simplified liquidation, who:
- are not required to statutory audit based on Section 155 of Act C of the year 2000 on Accounting
- completes the liquidation within 150 days of the starting date of the liquidation
The simplification itself lies in the fact that it is not necessary to report liquidation to the Court of Justice, but only to the tax authorities. Tax authorities automatically report the fact of liquidation to the Court of Justice, and they automatically register the change in name into the company register. The tax administration announcement is available for 15 days from the date of the decision on the liquidation. This notification must be made on the general change reporting statement (T201), in the section for this purpose (B04 sheet).
In the case of simplified liquidation, the duties of the liquidator are performed by the Chief Executive Officer of the company. The tasks of the liquidator do not differ from the rules and responsibilities of the normal liquidation.
In case, the supreme body of the company decides to terminate the liquidation and to continue the operation of the company, they have notification obligation towards the tax authority.
Termination of simplified liquidation
The procedure of the termination of simplified liquidation must be reported to the tax authorities before the expiry of the 150-day deadline. In this case, it is also true that the tax authority automatically informs the Court of Justice about the termination of the liquidation. The permission of cancelling the company is given by the tax authorities in case there is no tax administration and/or social security obligation (ie. the company has fulfilled all disclosure requirements). In this case, it is not necessary to ask the tax authorities for proof in the form of a separate application, which states that the company has fulfilled all (data)reporting and social security obligations. At the same time as the tax administration announcement, the proposal for the allocation of assets and the related acceptance decisions shall be sent to the Court of Justice in an electronic form. However, in the case of simplified liquidation, it should be noted that the proposal for the allocation of assets and the related decision can only be made based on a specific pattern. If the company cannot complete the termination of the liquidation procedure within the given 150 days, it may continue the procedure in accordance with the general rules on liquidation (in this case, a change request is required), or, due to lack of this request, the Court of Justice decides on the settlement of the liquidation on day 211.
Thus, in the case of simplified liquidation, the practice is reversed; the notification is not made to the Court of Justice but to the tax authorities, who notifies the Court of Justice. In the light of the above written, the simplified liquidation procedure may allow excluding attorneys from the whole business process since it is not necessary to countenance any document by a lawyer and its submission to the Court of Justice. This saves time and money to all of those, who meet the criteria of the simplified liquidation.