Payables and social security credits: how long they take
When it comes to debts and credits linked to social security, the time of the prescription becomes very complex. First of all, we need to make a clear distinction between the case in which we are dealing with the prescription of credits (like the liquidation of the pension) or social security debts.
In fact, in the case of credits claimed by potential or recognized pensioners, both 10 years and 5 are valid: the 10-year limitation period is to advance all requests for liquidation, reunification, etc., while the short 5-year period applies to the case of pension checks (or similar) already paid and therefore that have been paid (see also Loans for pensioners ).
The situation instead becomes more linear in the case of the social security debts regardless of their origin (or if they refer to merchants or autonomous, or representatives and agents for separate management, etc.).
Debts with social security – Verify the prescription – If you have debts towards the National Social Security Institute – social security, you will have the opportunity to check online the possibility of obtaining the total prescription of your debt. Those who do not have access to the statute of limitations can still take advantage of a discount of up to 70% of their liabilities by virtue of the application of the new rules on over-indebtedness.
Short prescription for social security debts
Since 1996, the 5-year prescription has been introduced for all types of social security contributions, and also for those with compulsory welfare. The system with which the social security proceeds normally first provides for the sending of an amicable non-payment notice, and subsequently provides for registration in the role and consequent communication to the collection and arrival company of an Equitalia tax collection folder.
In any case, since 2004 very clear terms have been established also for the fulfillment of the obligations connected to the registration in the role (which from 2005 must be notified within 12 months starting from the one following the one in which there was the delivery of the role itself ). If these terms are not respected then there is the forfeiture, for social security, of the right to collect the claims claimed.
Office prescription: the exception of social security and social security debts
Normally the principle holds that the prescription cannot be detected ‘ officially ‘ by a judge called to express himself, but in the case of the social security debts the speech does not apply, according to what emerged from a sentence of the Cassation.
This is not the only exception, as even for the payment of debts beyond the statute of limitations, there is a rule different from the usual one (which for all other cases does not provide for the right to repayment).
So if you pay a prescribed fine, for example, the money is not recovered, but if you pay the prescribed social security debts you can exercise the right to repayment.