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European Commission’s Carbon Border Adjustment Mechanism
European Commission’s Carbon Border Adjustment Mechanism, in fight against climate change and related unfair competition, will impact importing in the EU as from 2023 The Carbon Border Adjustment Mechanism (CBAM) is a levy on carbon intensive products (e.g. cement, iron, steel, aluminium, fertilizers and electricity) imported into the European Union from third countries where carbon […]
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Renegotiation according to good faith
The pandemic phenomenon due to the spread of the Sars-Cov-2 virus, first, and the war in Ukraine, then, affected, respectively, the healthcare and humanitarian aspects, having, as the lowest common denominator, the ability to change the legal and economic context at a global level. If, during the pandemic period, an economic crisis ensued as a […]
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Data Protection Board: green light for a centralised anti-money laundering database
The Data Protection Board issued a positive opinion on the amendment that has been presented to Legislative Decree no. 231/2007 on the prevention of the use of the financial system for the purpose of money laundering and terrorism financing. In particular, the proposed amendment supported by the Data Protection Board envisages the establishment of a […]
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Energy subsidies: funds for Third Sector Entities
To support the higher costs incurred for the purchase of electricity and natural gas, the enactment of the so-called “Aiuti-ter” decree, D.L. 144 of 2022, introduced specific funds in favour of non-profit entities. Specifically, Article 8 of the aforementioned decree has established two different funds: A first fund, with a total endowment of 120 million […]
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Tax credits for companies not considered as high gas and energy consumers for the months of October and November 2022
The Decree D.L. 144/2022 extended the credit already provided for the third quarter for the months to October and November and partially modified the provisions of the previous quarters (see the previous news https://it.andersen.com/en/tax-credits-for-companies-not-considered-as-high-gas-and-energy-consumers-for-second-and-third-quarter-2022/). Natural gas tax credit The tax credit is equal to 40% of the expenses incurred in October and November 2022 […]
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The ad nutum withdrawal of a LLC shareholder: unlawful if the company is established for a fixed term, even if the term is particularly long
Supreme Court of Cassation, September 5, 2022 – order No. 26060. A LLC shareholder may withdraw ad nutum and, therefore, at any time and with no reason, solely when the company is established for an unlimited term. The appealed verdict A limited liability company, incorporated until 2050, appealed to the Court of Cassation against the […]
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IMU tax credit for the tourism sector
The Revenue Agency, with provision no. 356194 of 16 September 2022, defined the rules and procedures for submitting the application to take advantage of the IMU credit provided for in Article 22 of Decree-Law no. 21 of 21 March 2022. The facility provides for a tax credit equal to 50 per cent of the amout […]
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The changes introduced by Decree no. 73/2022 in the so called “third sector”
With the so called “Simplifications” Decree no. 73/2022 the taxation system for “third sector” entities changed. The new taxation system The main changes introduced by the Simplifications Decree concern the taxation rules contained in Title X of the third sector code. More precisely, a definition of “actual costs” has been included under Article 79, paragraph […]
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The news regarding the R&D tax credit for medicines and the introduction of the certification of the research, development, and innovation tax credit
Simplification decree – the R&D tax credit for medicines In 2021, the Sostegni bis Decree introduced a specific subsidy for medicines research and development activities, including vaccines. In particular, the law provided a tax credit of 20% of the costs incurred from 1 June 2021 to 31 December 2030 for the research and development of […]
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Tax credits for companies not considered as high gas and energy consumers for second and third quarter 2022
To deal with the increased costs caused by the energy crisis, companies, under certain conditions, can benefit from a tax credit related to the expenses paid for gas and energy consumption during the second and third quarter of 2022. NATURAL GAS TAX CREDIT The tax credit is equal to 25% of the expenses incurred […]
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Decreto Semplificazioni: news on transfer of building restructuring bonuses
The “Decreto Aiuti” (D.L. 50/2022) had changed the legislation of the transfer of tax credits from restructuring bonuses (Superbonus 110% and various minor bonuses) providing that banks are always allowed a final transfer in favor of private professional clients (companies, professionals and VAT numbers) who have a bank account contract with the bank itself. The […]
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IRAP deduction for the cost of the permanent employee
The “decreto semplificazioni” modifies the method of calculating the IRAP deduction to make easier the calculation of the IRAP deduction for the cost of the permanent employee. The new legislation provides for the full deductibility of the total cost for permanent employees. For the IRAP 2022 tax form, taxpayers can use the new simplified calculation […]
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Decreto Semplificazioni – ISA index
The ISA index is a tax judgment on a scale from 1 to 10 applied to business or self-employment. The “decreto semplificazioni” extends the measures provided last year for the economic crisis due to COVID-19 with corrections on ISA’s index and specific causes of exclusion from the compilation of the index. In addition, The Italian […]
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Purchases from small business operators are not intra-EU
The Inland Revenue reiterated the VAT treatment of purchases made by a domestic purchaser from a supplier belonging to the special scheme for small enterprises. In view of the special scheme to which they belong, sales made by persons participating in that scheme to traders in other Member States are not considered intra-EU supplies. This […]
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Tax credit for the digitization of travel agencies and tour operators – new request
The Interministerial Decree (MEF) containing the Amendments to the interministerial decree of 29 December 2021, is being registered with the Court of Auditors. n. 152, converted, with amendments, by law 29 December 2021, n. 233, concerning the tax credit for the digitalization projects implemented by travel agencies and tour operators. Having been allocated a total […]
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Decreto Semplificazioni: deadline for the request for registration of deeds in fixed term
Before the entry into force of the Decreto Semplificazioni (D.L. 73/2022), the registration of the deeds identified in the annex “Tariffa Parte I – deeds subject to registration with fixed term” (DPR 131/1986) had to be carried out by the deadline of twenty days from the stipulation of the deed (if stipulated in Italy) or […]
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200 euro bonus for self-employed and professionals
The Law Decree Aiuti-bis has introduced the possibility for self-employed workers and professionals to benefit from the one-off allowance of € 200 already provided for employees and retirees. The beneficiaries of the allowance in question are – self-employed workers and professionals registered with the social security schemes of the National Social Security Institute (INPS); – […]
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Banks must integrate climate risk information by 2024
In accordance with the European Green Deal, the ECB requests that, by 2024, banks integrate and report climate and environmental (C&E) risks into their daily activities. To this end, from 2023, companies may be required to provide non-financial information with particular attention to reporting on climate and environmental risks. The Banks – after verifying the […]
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The right of withdrawal exercited by the shareholder who did not partecipate in the change of the clause limiting the circulation of shares is legitimate
Supreme Court of Cassation, June 27, 2022, No. 20546. A shareholder of a joint stock company who did not participate in the amendment of the bylaws to remove the preemption clause limiting the circulation of shares has the right of withdrawal, regardless of the substantive significance of the amendment. This is the principle expressed by […]
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European Corporate Insights: the impact of geopolitical changes on business
Andersen’s European Corporate & M&A department has published a new edition of the magazine European Corporate Insights focusing on the impact of major geopolitical changes on local and international business dynamics. Andersen professionals from numerous countries contributed to the insight, summarizing the guidelines and regulations in each jurisdiction. Extensive space in the magazine is devoted […]
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