Insights

  • 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 […]

    Learn More

  • 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 […]

    Learn More

  • 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 […]

    Learn More

  • 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 […]

    Learn 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 […]

    Learn 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 […]

    Learn 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% […]

    Learn More

  • The “suspension” of depreciation

    In the context of the epidemiological emergency from Covid 19, the Goverment provided throught he Legislative Decree 104/2020for the  companies that prepare financial statements without the adoption of international accounting standards, the suspension of the imputation, in whole or in part, of the depreciation in the financial statements for the current financial year. The aspects […]

    Learn 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, […]

    Learn 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. […]

    Learn More

  • Dismissal regulations in Europe compared by Andersen’s Labor Employment

    Professionals from the European working team Labor Employment, including Francesca Capoferri and Matteo Amici, have compiled a guide on the dismissal regulations currently effective in the EU. In recent years, the European Union has introduced several regulations aimed at standardizing dismissal statutes in European countries. Nevertheless, each country still follows different guidelines. Therefore, the “Dismissal […]

    Learn 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, […]

    Learn 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, […]

    Learn More

  • 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 […]

    Learn More

  • 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 […]

    Learn 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 […]

    Learn 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. […]

    Learn 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 […]

    Learn 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  

    Learn More

  • 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 […]

    Learn More