ASD and Italian Tax Authority
The Supreme Court with decision n. 10393 on 30th April 2018 stated that the ASD must prove to carry out associative and non-commercial activities as well as being registered with CONI in order to maintain their entitlement to the tax treatment as per art. 148 TUIR.
Read More »Life insurance policies, tax benefits at risk
With sentence no. 10333/2018 the Italian Supreme Court (Corte di Cassazione) reiterated, recalling its previous intervention (judgment no. 6061/2012) that the life policies are to be considered such only if they guarantee the return of the capital at maturity, otherwise they are considered as ordinary investment contracts. The Court specified that life insurance policy should […]
Read More »The termination of the purchase agreement
The Court of Cassation, with judgment no. 10045/2018, has established that, with regard to the purchase agreement, the redhibitory defects and lack in quality differ from the aliud pro alio delivery, which is when a good delivered is completely different from the good sold, since it belongs to a different category compared to the one […]
Read More »Fuel’s Supplies from 1st July 2018
The Italian Budget Law for 2018 (Law no. 205/2017) introduced the obligation of electronic invoicing. The Italian Tax Authorities with Circular letter no. 8/E on 30.04.2018, issued specified time-frame and rules for e-invoicing of fuel supplies. Moreover, accordingly to the new electronic invoicing obligation, Italian Tax Authorities, with measure n. 73203/2018, issued also a list […]
Read More »The new regulation on cookies in GDPR
The regulation on cookies, similar tracking technologies and the monitoring of our personal data are themes particularly important in the latest General Data Protection Regulation no. 679/2016 (GDPR). Cookies are nothing more than text files sent from a website to the computer of the user visiting it. Cookies were developed as tools to improve web […]
Read More »Composition with creditors, plan’s certification and Court control
The Supreme Court by Ordinance n. 5825/2018 stated that in composition with creditors the Judge is responsible for checking the correctness of plan’s certification, in terms of completeness of data and comprehensibility of criteria used by the advisor to drawn up. For any further information please contact our firm.
Read More »Ruling request not accepted are unappealable from 2016
The Supreme Court with decision n. 7497/2018 stated that the tax payer is allowed to appeal the ruling opinion of the Tax Authority but only till on 31th December 2015. According to the new art. 6 of Legislative Decree 156/2016, now the negative opinion of the Tax Authority cannot be appealed. The tax Payer is […]
Read More »Validity of proxy released abroad
The Court of Cassation has spoken about the validity of proxy released abroad with judgment no. 8174/18. The case in question concerned the exception of a German citizen against a minutes of contravention of the Italian Highway Code that has been accepted by the Justice of the Peace of Florence, in relation to which the […]
Read More »European Commission: first counter-measures on listed non cooperative tax jurisdictions
The European Commission has proposed guidelines for concrete countermeasures for the EU list of non-cooperative tax jurisdictions. The guidelines aim to ensure that EU funds do not inadvertently contribute to global tax avoidance. They should guarantee that EU external development and investment funds cannot be channeled or transited through entities in countries on the EU’s […]
Read More »Composition with creditors, tax settlement and abatement of debts
The Supreme Court by Ordinance n. 5906/2018 stated that in composition by abatement of debts the debtor could wiped out credits with better right of priority, after paying debts for VAT and withholding tax credit. For any further information please contact our firm.
Read More »Validity of the contract with the only initials of the declarant
A contract can be considered validly concluded between the parties even with the initials of the declarant, as provided in decision no.6573/2018 of the Supreme Court of Cassation. In fact, according to the prevalent case-law, the signature of the declarant – consisting in name and surname put by himself or in identifiable initials – expresses […]
Read More »Antitrust inquiry against vexatious clauses in Accident and Health insurances
Antitrust and Ivass have started a coordinated action to investigate the existence of several clauses in the insurance policies, that do not allow the heirs of the insured to succeed in the right to compensation if “their relative dies for a different reason than the one which has determined the invalidity and before the insurance […]
Read More »New section for VAT deductibility
Decree Law 50/2017, as noted, changed the discipline related to deduction of the VAT on purchase invoices. The Revenue Agency Circular N. 1/2018 clarified that the right for the VAT deduction is recognized when the tax is due and the taxpayer owns the invoice. If the taxpayer receives an invoice related to 2017 he can […]
Read More »Ue: composition with creditors and VAT deduction
The European Court of Justice, with its holding of 22 February 2018 about lawsuit number C-396/16, clarified the conditions for the adjustment of the VAT deduction originally carried out, in the hypothesis of admission to a scheme of arrangement that involves a definitive reduction of debt obligations towards its creditors. For any further information please […]
Read More »VAT deductible is granted even if there is no annual tax return
The Supreme Court with decision n. 4392 on 23th February 2018 stated that the Tax Office must granted the VAT tax deductible to the tax payer, if he has complied with the necessary formal requirements, even if there is no annual tax return. The VAT credit must be used by the tax payer within the […]
Read More »Ban on late evidences for non-collaborative taxpayers
The Supreme Court by Ordinance n. 4001 on 19th February 2018 stated that the documentation not timely produced to the tax Authority pursuant to art. 32 Presidential Decree n. 600/1973 is not an admissibile evidence. Only if taxpayers proof they’re not guilty they can produce the documentation with the appeal as expressly provided by the […]
Read More »The legal person as director in a limited liability company (S.r.l.)
The specialized section in corporate law of the Court of Milan in its judgement No.3545 of March 2017, has stated the legitimacy of the clause for which a limited company (Spa) shall be nominated as director of a limited liability company (Srl). In the event of potential detrimental acts, it is jointly responsible for the […]
Read More »New rules on Swiss VAT for foreign companies operating in Switzerland
A partial amendment of Swiss VAT law entered into force on January 1, 2018, and has an impact on businesses not established in Switzerland. As of January 1, 2018, foreign businesses pay Swiss VAT on their turnover generated in Switzerland if it generates at least CHF 100,000 worldwide. Moreover, mail-order companies with a place of […]
Read More »DAT: the innovation introduced by Law No. 219/2017 on the living will
The new law on the living will came into force on 31 January 2018 and establishes the principle whereby no medical treatment may be initiated or continued without the free and informed consent of the person concerned, except for cases expressly provided for in the law. One of the most important aspect of this law […]
Read More »New rules on taxation of dividends arising from a tax haven
The Budget Law 2018 provides that dividends paid, directly or indirectly, by companies located in a tax haven will be 50 percent excluded from the taxable income of the resident shareholder. This happens if it can prove (also through the tax ruling) that the foreign company carries out a commercial activity and pass the so […]
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