Insights

  • Electronic invoice and receipts: new rules starting july 1st, 2019

    Electronic Invoices With effect from July 1, 2019, all immediate invoices must be issued (therefore sent to the SDI) within 12 days of the transaction. Is utterly important, the indication of the date of execution of the transaction on the invoice (if different from the issuing of the document) or as specified by the Tax […]

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  • Invalidity of the tax assessment received by registered mail

    With decision no. 757/2019, the Piemonte’s Regional Tax Court stated that the tax assessment served by registered mail, and not by the judicial officers, is legally non-existent. According to the judges of Torino, the importance and the function of the act, not only lets the recipient know about the tax demand, but it also legitimizes […]

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  • Fiscal residence and DTAs

    The private letter ruling n. 203, published on June 25th, 2019, provided important explanations regarding the assessment of the fiscal residence in Italy of an individual, as well as regarding the relationship between the domestic regulation and the Double Taxation Agreements. In fact, the Italian Revenue Agency disclosed its interpretation, highlighting that when at the […]

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  • Inbound employees tax regime applicable also to persons not registered on AIRE

    Italian tax authorities have always considered that the lack of Registration on the Register of Italians living abroad (AIRE) was a sufficient requirement to consider a person as a resident in Italy by default. This presumption had the consequence, among others, of not being able to benefit of the Inbound employees’ tax regime. This approach […]

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  • Paying back Members Loan? Italian Court of Cassation decision n. 12994/19: “debt is generally subordinated”

    After the Court of Cassation decision of May 15th, managers chances to pay back loans which were financed by members of a limited company (see art. 2467 of the Italian civil code), appear to be significantly reduced. We are now considering such result as it can be inferred by looking at the decision, as well […]

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  • The so called “Network Agreement”, a useful agreement that is not commonly used

    The network agreement has been introduced by the Italian legislator with art. 3, par. 4-ter, D.L. 5/09, subsequently converted in Law 33/09. This kind of agreement has to be mandatory stipulated by public deed, by authenticated private deed or by a digitally signed deed. This contract has not been particularly used in practice despite its […]

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  • Moratorium of one month for the first transmission of electronic receipts

    Amendments to Decree n. 34/2019, presented on June 10th by member of Budget and Finance Committees of the Chamber, also include a moratorium in view of the new obligation, in force since 1st July 2019, of electronic communication to the Revenue Agency of data relating receipts. For the entire first six months of its validity, […]

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  • The Implementation of the Shareholder Rights Directive 2017/828

    On 17 May 2017, the Shareholder Rights Directive II 2017/828 (“SHRD II”) was adopted, amending the Shareholders’ Rights Directive 2007/36/EU (or “SHRD”) as regards the encouragement of long-term shareholder engagement.  The “SHRD II” must be implemented by 10 June 2019, with the exception of the provisions concerning the identification of shareholders, the transmission of information […]

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  • The Supreme Court clarifies the burden of proof regarding defecting goods

    With regard to judicial proceeding in which the purchaser asks for the termination of the agreement or the reduction of the price due to defective goods, the burden-of-proof regime was uncertain. In fact, traditionally case law states that the purchaser shall prove the existence of the defects; however, some recent jurisprudence states that the seller […]

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  • Video surveillance and private violence

    The criminal division of the Italian Court of Cassation, with the judgment n. 20527 of 13 May 2019, ruled on criminal implications of video surveillance systems use. The Court of Chieti condemned the two defendants of private violence pursuant to art. 610 c.p.[1] “consisted in installing on the perimeter wall of the respective homes remote […]

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  • Reform of the Italian Civil Code under review at the Senate

    Since March the 27th 2019, a government bill is being reviewed by the Justice Committee of the Italian Senate. If enacted, such bill will empower the government to enact delegated laws modifying the Italian Civil Code. Regarding Contract Law, the legislative framework of the bill is vast, whereas regarding Family Law and Succession Law, there […]

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  • New discipline of carrying over business losses

    With the 2019 budget law, in order to eliminate the unequal treatment of business losses based on the subjective profile, the legislator intervened by modifying Article 8, paragraph 3 of the Tuir. The new article states that “the losses deriving from the business operation, in an individual or associated way, with a simplified and ordinary […]

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  • EU Commission Proposal 2018/0113 – “The use of digital tools and processes in company law”

    A large part of the EU company law is now codified in the single Directive UE 2017/1132, which contains the rules of six previous directives issued on company law. This directive has harmonised the European company law but has not introduced any new legal rule in order to facilitate companies’ use of digital technologies, even […]

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  • GDPR: The period of tolerance on penalties will expire on may 19th

    Only few days remain before the full application of the new penalty regime provided for data protection will become applicable. The so called “soft” period provided for by article 22, paragraph 13 of Legislative Decree 101/2018 – by which during the first eight months starting from September 2018 the Italian Data Protection Authority does not […]

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  • The Supreme Court states on the subject of professional mandate and power of attorney for disputes

    The lawyer acting for the recovery of the professional debt is obliged to prove the conferral of the professional mandate or the conclusion of the legal aid contract. In forced of the order No. 6905 of 11 March 2019 by which the Court of Cassation dismissed the appeal brought by a lawyer against judgment No. […]

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  • Innovative start-up: the power of the Registry Office to verify the requirements of innovation

    With a recent ruling the Court of Rome confirms that the Office Register of Companies cannot refuse the registration in the special section of the Register to an innovative start-up, unless the lack of the characters of innovation of the corporate purpose and of high technological value of the products or services offered by the […]

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  • Law Decree No. 34/2019: reintroduction of super-amortization

    Art. 1 of the aforementioned decree reintroduced the discipline of the “super-amortization”, establishing that the tax benefit can be applied for purchases made from April 1, 2019 to December 31, 2019, or by June 30, 2020 provided that on December 31, 2019 the order is accepted by the seller and the down payments have been […]

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  • More tax deduction for IMU from corporate and self-employment income

    Article nr.3 of Law Decree nr. 34 of April 30th, 2019 has increased the deductibility rate of property tax (“IMU”) paid for capital real estate, for corporate and self-employment income tax purposes. The principle is that said property tax is not fully deductibile from taxable income. The Law Decree provides for a gradual increase of […]

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  • Growth Decree: the mini-IRES 2019

    The Growth Decree, initially approved on 4 April 2019 with the formula “except to agreements”, received its final green light from the Council of Ministers on last April 23rd. Among the many economic, fiscal and development provisions envisaged, the final version of the decree (published in the Official Gazette on 30/04/2019 and entered into force […]

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  • Electronic receipts starting from July 1st, 2019

    The Decree Law of 2019 introduces the obligation of electronic submission for receipts applicable for taxpayers with a turnover exceeding 400.000 euro starting from July 1st, 2019 and applicable starting from January 1st, 2020 for all others. Please do not hesitate to reach out to our Professionals in case you need further clarifications on the […]

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