It is now possible to identify the correct VAT rate for all EU countries
A few days ago the European Commission made available a software through which it’s possible to identify the correct VAT rate applicable to the supply of goods and services in each Member State of the European Union. This tool is available at the following address: https://ec.europa.eu/taxation_customs/tedb/vatSearchForm.html. In order to be able to correctly use the […]
Read More »Vat benefits for sale of “anti-Covid-19” goods: clarifications from Financial Administration
The Financial Administration, with Circular No 26/E of 15 October 2020, has provided any clarifications about the VAT benefits for sales of goods necessary for the containment and management of the epidemiological emergency from Covid-19. Article 124 of Law Decree No 34/2020 establishes that for sales of goods listed in the 1st paragraph apply: an […]
Read More »Cookies and Privacy – consent must be clear, specific and unequivocal
The European Data Protection Board (EDPB) has returned to the matter of consent relevant to GDPR, clarifying, in the Guidelines issued last May, that the consent given by users in the presence of so-called cookie walls and in the case of so-called scrolling is to be considered invalid for the processing of personal data. More […]
Read More »The reciprocal request for resolution by the parties determines the termination of the contract
The Supreme Court has reaffirmed the principle that the Judge must in any case declare the resolution of the contract when the contracting parties ask each other to terminate it. The Ermellini, examining an appeal against sentence no. 728/2018 of the Court of Appeal of Perugia, confirmed the previous jurisprudential orientation, according to which the […]
Read More »New VAT e-commerce rules
Due to the practical difficulties created by the COVID-19 pandemic situation, the application of the new VAT e-commerce rules has been postponed by six months. Thus, the rules will apply as of 1 July 2021 instead of 1 January 2021, giving Member States and businesses additional time to prepare. The VAT e-commerce package aims at […]
Read More »Sanitization bonus: variation in the percentage of maximum usable credit
The Revenue Agency, with provision no. 302831 of 11 September 2020, had determined the percentage of the credit actually usable as the ratio between the allocated resources, initially equal to 200 million euros, and the total amount resulting from the communications sent by taxpayers by September, 7, 2020. This percentage was 15.64%. The converted (L. […]
Read More »The new European Regulation on crowdfunding
On 5 October, the European Parliament approved a new regulation with the ambitious scope of granting to crowdfunding platforms to more easily provide their services on the EU single market (the “Regulation”). The desired effect is to allow start-ups, innovators and small businesses to expand their investor base thanks to a wider range of projects […]
Read More »Extension of the rental bonus for tourist facilities
The rental bonus, introduced with the “Decreto Rilancio” (art. 28 of Law Decree no. 34/2020), provides for the recognition of a tax credit in relation to rents on non-residential properties used in the exercise of business, art, and profession if in 2019 the sum of revenues and fees is not more than Euro 5 million. […]
Read More »The Superbonus 110% for the non-resident individuals
Non-resident individuals who own real property in Italy can benefit from the deductions included in the so-called “Superbonus 110%” if they incur expenses for subsidized renovation activities. The possibility, for non-residents, to benefit from the aforementioned tax credit has been confirmed by the parliamentary inquiry no. 5-04433 of July 22, 2020, and by the circular […]
Read More »Indirect e-commerce: new clarifications released by the Tax Authority
With the opinion n. 416 of September 28, 2020, the Italian Tax Authority provided certain clarifications regarding the electronic storage and transmission of the daily revenues from indirect e-commerce. Considering that daily revenues from the indirect e-commerce transactions with final consumers are generally exempt from certification (provided that the customer does not require the invoice) […]
Read More »Composition with creditors and bankruptcy procedure
With ruling n. 17532/2020, the Italian Court of Cassation reiterated that the filing of the application for a composition with creditors prevents the declaration of bankruptcy up until the events indicated in articles 162, 173, 179 and 180 of the Bankruptcy Law occur, but does not determine the inadmissibility of the pending insolvency proceedings commenced […]
Read More »Superbonus 110% transferable to buyers and heirs holding the property
The “increased” deduction of 110%, relating to the interventions defined in Art. 119 of the Relaunch Decree, is transferable to the purchaser in the event of sale of the property or to the heir who materially holds it following the death of the holder of the deduction. In the event of the sale of a […]
Read More »Suitable organizational structures and “231 models”: the new concept of corporate governance
At a first glance, the company’s system of criminal liability pursuant to Legislative Decree no. 231/2001 and the new rules on insolvency proceedings pursuant to Legislative Decree no. 14/2019 (Code of Company Crisis and Insolvency) do not have common grounds. In truth, both disciplines are inspired by innovative conception of a proactive approach to counter […]
Read More »The “cedolare secca” tax regime and rents of immovable property for business: contracts renewed in 2019
The “cedolare secca” tax regime on rents for business use arising from contracts entered into or renewed in 2019 is also applicable to years subsequent to the first if the taxpayer has not opted for this regime when registering or renewing the contract. This is what emerged from answer number 388 of 22 September 2020 […]
Read More »Sanitization bonus: defined percentage of use and tax code
With a provision issued on July 10th 2020, the Revenue Agency had defined the criteria and methods for the application of the tax credit for the sanitization and purchase of personal protective equipment, introduced by the so-called Decreto Rilancio – Decree no. 34/2020. Among the criteria established there was the possibility of benefit from a […]
Read More »The arbitration clause is not applicable in the event of liability action brought by the liquidator pursuant to Article 146 of the Bankruptcy Law
The Court of Cassation, with the order in question, has ruled that should the receiver exercise an action for liability pursuant to Article 146 of the Bankruptcy Law, the arbitration clause contained in the articles of association of the bankrupted company shall not apply for the purposes of devolving the dispute to arbitration. Article 146 […]
Read More »Contracts with written form ad probationem, the objection pursuant article 2725 cannot be declared ex officio
On the limitations of witness evidence in contracts has returned to pronounce the Supreme Court that, in a recent statement (No. 16723 of 31st August 2020), has reviewed the codicistic discipline analyzing the different attitudes of the objection of inadmissibility of witness evidence in contracts where the written form is required ad substantiam and in […]
Read More »New recovery fund for travel agencies and tour operators
A new recovery fund for the COVID-19 emergency has been provided by the Italian Government for travel agencies and tour operators. The fund can be obtained by those companies whose activity is identified by the ATECO codes: 79.1, 79.11 e 79.12. Some requirements are demanded in order to receive it. The application can only be […]
Read More »Establishment of the tax code 4050 for the payment of suspended withholding taxes
With resolution no. 50/E of 7th September 2020, the Inland Revenue established the tax code “4050” for the payment of suspended withholding tax by withholding agents between 17th March 2020 and 31st May 2020. The suspension, introduced by Article 19, paragraph 1, of Decree-Law no. 23 of 2020 (the so-called “Liquidità”), provided for the possibility […]
Read More »Golden power e la conversione del Decreto Liquidità
The spread of the Covid 19 epidemic has resulted in a significant extension of the special powers attributed to the Government in terms of protecting strategic assets from predatory acquisitions by foreign investors (and not only). With the D. L. n. 23/2020 (the “Decree”) of the last 8 April, the Government strengthened its Golden Power […]
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