Bankruptcy in extension: the instance cannot be proposed personally by the Curator without the attorney’s ministry
In the present case, the judges of legality have had the opportunity to examine two questions: the first on the active legitimacy of the Administrator for the bankruptcy action under art. 147 paragraphs 4 and 5 L.F. without having recourse to the ministry of a lawyer; and the second, if (and to what extent) the absence […]
Read More »Green Deal e nuovi obblighi di rendicontazione non finanziaria
A dicembre 2019 la Commissione Europea ha annunciato il Green Deal Europeo, ovvero il nuovo piano d’azione per trasformare l’Unione Europea in una “società giusta e prospera, con un’economia di mercato moderna e dove le emissioni di gas serra saranno azzerate, e la crescita sarà sganciata dall’utilizzo delle risorse naturali”. Per il raggiungimento di tali […]
Read More »Uncollected VAT recovery in bankruptcy proceedings: new terms of issue for credit notes with “Sostegni bis” Decree
Faster recovery times for VAT credits. This is what will be provided by Article no. 18 of “Sostegni bis” Decree, which will rewrite the wording of Article no. 26 of Presidential Decree no. 633/72, regarding terms for issuing VAT credit notes. With regard to bankruptcy proceedings, VAT credit notes will be issued by provider as […]
Read More »Revaluation reserve: taxation only in case of distribution to shareholders
The revaluation of business assets, with tax recognition through the payment of a 3% substitute tax pursuant to Article 110 of Legislative Decree 104/2020, entails the recognition in equity of a reserve equal to the higher value attributed to the assets net of the substitute tax payable. If not franked by payment of the 10% […]
Read More »Misapplication of VAT in distance sales
With Interpretation no. 246 dated April 14, 2021, the Revenue Agency expressed its opinion on the incorrect application of VAT within the sphere of intra-Community distance selling. Distance sales of goods to private individuals in other Member States are to be considered non-taxable in Italy and relevant in the State of destination of the goods, […]
Read More »The “sterilisation” of losses: the interpretation provided by the Triveneto Notary Committee
After the spread of the Covid-19 pandemic, the Italian Government launched several measures aimed at supporting companies in crisis. These measures include the provisions of Article 6 of Decree-Law no. 23/2020, converted with amendments by Law no. 40 of 5 June 2020 and subsequently amended by Article 1, paragraph 266, of the 2021 Budget Law. […]
Read More »The violation of the obligation to submit the IMU return doesn’t have an instantaneous nature: the consequences for the sanctioning power of the Municipal Authority
The obligation to report the possession of real estate properties in ICI return or to declare changes on real estate properties already reported for ICI purposes “doesn’t cease at the expiry of the term set by the legislator regarding the beginning of the possession”, but it “remains until the declaration (or complaint) is submitted”, determining, […]
Read More »Revised IBA Rules on the Taking of Evidence in International Arbitration
It is well known that party autonomy and flexibility are among the most significant advantages of arbitration, especially in international disputes. To ensure this flexibility, the arbitration rules of most arbitral institutions do not contain specific provisions regarding the taking of evidence, leaving the parties free to shape the way the arbitration is conducted. However, […]
Read More »Liability of the director of a company belonging to a group
The Court of Cassation has clarified that it is not exempt from liability the director who is in fact extraneous to the management of the company, even if the company belongs to a group of companies. The Court examined the issue from two standpoints. First of all, it confirmed the prevailing jurisprudential orientation, according to […]
Read More »Tax credit for investment in capital assets
From FY 2020, new tax credits for investments in capital goods governed by the following regulations have been provided, replacing the previous benefits with maxi / hyper depreciation: Budget Law 2020 – Law 160/2019 art. 1, paragraphs from 184 to 197 for investments made from 01.01.2020 to 31.12.2020; Budget Law 2021 – Law 178/2020 art. […]
Read More »News Superbonus 110%: The Study No. 27-2021/T of the Notary
The Commission for Tax Studies of the National Council of Notaries has approved Study No. 27-2021/T on Superbonus 110%. Among the issues addressed and analyzed in this work, it is worth noting that relating to the characteristics that properties must have to be qualified as “condominium” with the right to the tax benefits provided by […]
Read More »Plastic Tax: main features, recent changes and deferral of entry into force
The Budget Law 2021 postponed to July 1, 2021 the entry into force of the Plastic Tax, a tax on consumption of plastic products with a single use. The attached document analyzes the main features of Plastic Tax and recent changes occurred. Marta Pasqui
Read More »Composition with creditors and third-party attachment
The Court of Cassation recently ruled on the legitimacy of a payment made to the attachment creditor by a debtor of a party subject to the composition procedure. In particular, it analysed the circumstance in which such a payment is made after the publication of the application for the arrangement procedure in the commercial register, […]
Read More »Conventional purpose loan: new legal principles laid down by the Court of Cassation
In a recent judgment of 25 January 2021, the Court of Cassation returned to the subject of conventional special purpose loans and, in particular, to the issue of the destination clause. As is well known, the special purpose loan is the most common type of financing agreement, i.e., a credit agreement aimed at creating the […]
Read More »Law No 124 of 2017 has no retroactive effect
On the continuing applicability of Article 1526 of the Civil Code, in the event of termination for non-fulfilment of a leasing contract, the Supreme Court[1], after stating that Law no. 124 of 2017 does not have retroactive effects, has recently ruled that the applicability of the latter only to leasing contracts in respect of which […]
Read More »Tax offences ex D.Lgs. n.231/2001: responsibility of the legal representative and the company
On the occasion of the recent meeting of Telefisco 2021, the Finance Police expressed its opinion on the question of the assessment of liability ex D.Lgs. June 8, 2001, n. 231, in the presence of a tax predicate crime. The question, given the current inclusion of tax crimes in the catalogue of “predicate crimes”, is […]
Read More »Untruthful tax return: criminal and tax penalties
The Supreme Criminal Court with the decision n. 4439/2021 ruled that in the case of an untruthful tax return and a similar tax crime, there is no “ne bis in idem”. The case concerned criminal proceedings for the breach of untruthful tax returns. The taxpayer had complied with the tax assessment and paid the tax, […]
Read More »Communication of health costs 2021: sending becomes half-yearly
The Decree of the Ministry of Economy and Finance of 29 January 2021, published in the Official Journal on 6 February, rewrote the timetable for the transmission of data on health and veterinary expenditure incurred in 2021. The data will be sent every six months. The previous DM of 19 October 2020 to art.7 c.1, […]
Read More »EU – China Comprehensive Agreement on Investment
After seven years of negotiations, last December 30 the European Union and China reached a political agreement on the bilateral Comprehensive Agreement on Investment, which sets the general guidelines for European investments in China and Chinese investments in Europe, with the aim of improving the conditions of access to the two markets for both parties. […]
Read More »Fiscal Representation and Direct Identification: what changes with the Brexit Agreement?
Since the UK’s withdrawal from the European Union was approved on 24 December, there have been a number of outstanding issues, especially in the trade field. One of these points concerned VAT obligations: specifically, the new directives on direct identification and the appointment of a tax representative. In Italy, a resolution to this issue was […]
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