Insights

  • Global Transfer Pricing Insights: key issues and current state of transfer pricing management

    The application of transfer pricing continues to intensify around the world and tax administrations continue to review their international tax law rules, in coordination with various supranational organizations, resulting in a potential shift in related-party transaction policies that will affect all companies in their international business. Andersen Global’s international Transfer Pricing team maintains a firm […]

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  • European M&A Working Group: guide on LLCs

    Andersen, through the member and collaborating firms of Andersen Global and its European M&A Service Line (working group) has prepared a new guide that includes an overview on Limited Liability Companies (“LLCs” or Società a Responsabilità Limitata (S.r.l.) in Italian) in Europe, its formation and incorporation procedures with a dedicated section for each of the […]

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  • Extension of the deadline for the transmission of health and veterinary costs to the Health Card System.

    With the DM 19.10.2020 the Government had defined the new rules for the telematic transmission to the Health Card System of health and veterinary expenses, providing for the transition from an annual to a monthly. With the subsequent DM 29.01.2021, the date of the monthly loss was deferred to 01.01.2022, the date from which such expenditure […]

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  • Italian tax Central Authority issues a discussion draft on the taxation of trusts

    The Italian Tax Authority has recently issued a draft Circular letter regarding the taxation of trusts. The draft has been published for public consultation until the 30th of September 2021, it is therefore likely that its content may change significantly. Nonetheless, given the importance of such publishment, a brief comment seems necessary. This document consists […]

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  • Deferment of payments to 15 September

    Art 9-ter DL 73/2021 (Decreto Sostegni bis) has extended the deadline for making payments to 15/09/2021, without any surcharge: resulting from income, IRAP and VAT returns; which are due between 30/06/2021 and 31/08/2021. The extension also extends to payments that follow the same deadlines as direct taxes (INPS, CCIAA). Ris. 53 of 05/08/2021, Agenzia delle […]

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  • Online platforms violate EU law if they facilitate access to copyrighted content

    As EU law currently stands, operators of online platforms do not, in principle, themselves make a communication to the public of copyright-protected content illegally posted online by users of those platforms However, those operators do make such a communication in breach of copyright where they contribute, beyond merely making those platforms available, to giving access […]

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  • The tax undue refund is deemed to be an omitted payment of a tax

    The Supreme Tax Court with decision no. 20585 of 19 July 2021, ruled that in case of undue refund, pursuant to Article 13 of Legislative Decree no. 471 of 1997, the Tax Authority shall apply administrative penalties for omitted payment of a tax. In the current case, a company filed an appeal against a tax […]

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  • Sostegni-bis Decree: the new sanitation tax credit 2021

    With Measure no. 191910 of July 15, 2021, the Revenue Agency defined the criteria and procedures for the application and use of the sanitization tax credit recognized for expenses incurred in June, July, and August 2021. Article 32 of Law Decree 73/2021 (so-called Sostegni-bis) provides for a “theoretical” tax credit equal to 30%, up to […]

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  • Early termination of the office of sole auditor in LLC: the appointment of an alternate auditor is possible even in the absence of a specific provision in the Articles of Association

    With Case no. 3/2021, Assonime[1] returns to the debated issue of the compulsoriness or possibility of appointing an alternate auditor in case of a monocratic control body of a Limited Liability Company, admitting that it is possible “also at the time of the assignment of the auditing function, to appoint, in addition to the effective auditor, the […]

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  • Exclusion of the absentee shareholder in the corporation

    The Triveneto Notary Committee, in the absence of the law, has considered necessary to elaborate a suitable instrument to allow the exclusion of absentee shareholder in the corporation. In particular, the status of shareholders in capital companies, unlike that in partnerships, is not linked to the figure of the shareholder as a person, but the […]

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  • Green Bonds

    Green Bonds are financial instruments, more precisely debt instruments, which issuance is linked to projects that have a positive environmental impact: energy efficiency, renewable energy, sustainable management of living natural resources in particular land and water, pollution prevention, waste management, green buildings, and clean transportation. The First Green Bond on the market was issued by […]

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  • Copyright on fictional characters: when what makes a character iconic is the actor and not its creator

    Characters of literature, comics, television or cinema can be protected under Italian copyright law (Law n. 633 of 1941) like any other intellectual property work.  To be granted such rights, a character must display certain features. In particular, according to Italian jurisprudence, a character is a “subject which is the result of an autonomous and […]

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  • Tax credits: new offsettable limit for 2021 with “Sostegni bis” Decree

    Maximum limit of tax credits that may be offset in the F24 form is raised to 2 million euros, only for 2021, notwithstanding the current regulations. This is what will be provided by Article no. 22 of Decree Law no. 73/2021, so-called “Sostegni bis” Decree, which came into force on May 26, 2021, and which […]

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  • Fraudulent tax avoidance: new ruling of the Court of Cassation

    As you know, art. 11 of Legislative Decree no. 74/2000 provides that: “commits the crime of fraudulent subtraction to the payment of taxes anyone, in order to avoid the payment of taxes on income or value added or interest or administrative penalties in respect of such taxes of a total amount exceeding EUR 50000, sell […]

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  • M&A activity: Italy and Iberia 2021 figures

    We think that it may be interesting to analyse M&A activity before and after the advent of Covid-19, for this reason the report published by Datasite, the global leading provider of Saas services for the M&A sector, has been taken as a reference. Indeed, Datasite in partnership with Mergermarket, a business development tool designed specifically […]

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  • Fixed penalties for omitted IMU form with the payment of the taxes

    In situations of purchase or sale of property,the obligation to submit the IMU and TASI formi is triggered. This formi is a communication to the tax authorities that in the previous year the taxpayer took possession or sold a real estate unit. It has to be submitted by 31 December of the year following the […]

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  • INPS revises the calculation basis for artisans and merchants of SRL

    News of great interest to many small and medium-sized enterprises: with Circular letter No. 84 of 2021, INPS revises the contribution calculation basis for determining the contributions of artisans and merchants.  The change follows the compliance of the Ministry of Labour and Social Policies with sentence no. 23790/2019 of the Court of Cassation, which reiterated […]

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  • The donation of works of art and the related economic rights

    The donation of a work of art, as well as its sale, does not imply the simultaneous transmission of the related economic rights from the donor to the donee. The confirmation comes from the Court of Cagliari that, on March 27, 2021, affirmed (or rather, reaffirmed, rejecting the appeal of the losing party) that the […]

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  • Extension of the Non-Financial Declaration to SMEs

    The European Directive proposal No. 2021/0104 of April 21st 2021, represents a first step towards in order to expand the complete set of regulations on financial reporting and Non-Financial Disclosure. The main change contained in the proposal concerns a significant increase in the number of entities that have to prepare a Non-Financial Declaration. The obligation […]

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  • 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 […]

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