Insights

  • Daily fees: new electronic route from 1 October 2021

    With provision no. 83884 of March 30, 2021, the Revenue Agency postponed the deadline for starting the obligation to use the new electronic record of the data of the daily payments. Specifically, the date of the exclusive use of the new electronic data of the daily fees version 7.0 has been postponed from 1 April […]

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  • Payment of tax notices without penalties pursuant to art. 5 of Decree “Sostegni”

    The decree “Sostegni” provide for the possibility of paying the tax notices issued by the Italian IRS relating to the fiscal years 2017-2018, without the payment of penalties and interest. This tax benefit will be reserved for VAT holders who in 2020 suffered a reduction in turnover or income of more than 33% compared to […]

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  • 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 […]

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  • 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. […]

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  • 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 […]

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  • 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  

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  • Approval of the Financial Statement 2020: video conferences until March 2021

    The 2021 “Milleproroghe” decree extends until 2021 the provisions introduced by Article 106 of the “Cura Italia” decree which are aimed at facilitating the course of shareholders’ meetings. For the financial year 2020, it is also possible to partially derogate from the rules laid down by the Legislator in Articles 2364 and 2478-bis of the […]

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  • Extension of deadline for sending online CU 2021 and data for the pre-filled tax return to March 31

    With press release no. 49, the Ministry of the Economy and Finance, pending the issue of the so-called “Sostegni” Decree, has arranged for the extension from March 16 to March 31, 2021 of the deadline for the online transmission to the Revenue Agency, and the delivery to taxpayers, of the Single Tax Certifications 2021. Consequently, […]

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  • 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, […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • Presumption of entrepreneurship in short leases

    With paragraphs 595 – 596 of Article 1 of the Budget Law 2021, the legislator has established the threshold beyond which income from short rent must be considered achieved under the company. The new regulation provides that, starting from the fiscal year 2021, the rental of more than four properties in the short-lease form constitutes […]

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  • 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, […]

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  • 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, […]

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  • 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. […]

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  • 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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  • The assignment of credit does not affect the determination of the competent court and of the jurisdiction

    The criteria established by Regulation (EU) No. 1215/2012, for the purpose of identifying the competent court within the European Union, must be complied with, even if the assignee of the credit has filed the claim before the court next seised by claiming an obligation arising from the contract concluded between the assignor and the third […]

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  • It is required to prove the causal connection for the liability of Auditors pursuant to art. 2047 Civil Code

    The Supreme Court has ruled that it is up to the plaintiff to prove each and every constituent element of the liability of auditors in accordance with article 2407 of the Civil Code. In particular the legitimacy judges have clarified the legal principle according to which the responsibility of the Auditors, in Italian company law, […]

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  • Furniture and large electrical appliances bonus

    The goverment has extended for the year 2021 the IRPEF deduction of 50% for the purchase of furniture and large electrical appliances for furnishing the property being renovated, referred to Legislative Decree 63 / 2013. The maximum amount of the expences on which to calculate the tax benefit for 2021 is 16.000 euros per property […]

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