Insights

  • Will mini tax shield defeat tax evasion?

    Maurizio Di Salvo, Lawyer and Chartered Accountant, analyzed the D.L. n. 148/2017 on the so-called mini tax shield in an article entitled “L’emersione delle attività estere non dichiarate, edizione 2018” published in the June issue of Novità Fiscali, the specialized magazine of the University of Applied Sciences and Arts of Southern Switzerland – SUPSI. The article points […]

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  • Electronic invoicing for fuel postponed to 2019

    On 27 June 2018, the Council of Ministers approved a new Decree containing the postponement of the fuel card validity until the end of 2018. The electronic invoicing for fuel sales is therefore postponed to 2019. For those who, in the meantime, have adopted measures in order to be compliant to the new regulations, the […]

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  • The preventive renunciation of the start-up allowance is not possible

    The Court of Cassation, with the Decision n. 15373/18 clarifies the possibility of the renunciation of the start-up allowance in advance. The lessor of premises for non-residential use contested the injunction issued against him in favor of the commercial activity as a start-up allowance. On the basis of the opposition the lessor deduced the groundlessness […]

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  • Bookshops tax credit: signed the implementing decree

    The Italian Budget Law for 2018 (Law no. 205/2017) introduced a special tax credit for companies engaged in the retail sale of new and second-hand books. On 24/04/2018 the Ministry of Art and Culture, together with the Ministry of Finance, issued a special Decree which defines the applicative provisions for the tax credit. For every […]

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  • Non-existent operation and burden of proof: latest decisions of Supreme Court

    The Supreme Court stated that when the Tax Authority challenge a non-existent operations, the burden of proof about the tax evasion is on the Tax Office. Even rebuttable presumptions are sufficient for the Tax Office, provided they have the requisite of gravity, precision and concordance. Moreover, the burden of proof is transferring to the tax […]

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  • Tax credit rules enter into force for film and audiovisual industry

    The Ministry published the Decrees implementing the new tax credit on audiovisual provided by Law November 14, 2016, n. 220 (so-called “Cinema Law”) on the Ordinary supplement to the Gazzetta Ufficiale n. 120 of May 25, 2018 – General Series. This topic was analyzed by Andersen & Legal Italy during a conference held in Rome on […]

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  • The Court of Cassation’s change of direction about individual dismissal in proper circumstances

    The Court of Cassation, with the judgment n. 13015/2017 confirms and sustains a recent orientation (Cass. n. 13516/2016, Cass. n. 19185/2016 and Cass. n. 13516/2016) that it considers, in stark contrast to the previous guidelines, the individual dismissal in proper circumstances even if it is indicated by a company in a good economic condition, legitimate. […]

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  • The reorganization of a Corporate Group and the exercise of income Tax Consolidation Regime doesn’t not procure undue tax benefits and tax avoidance

    The Italian Tax Revenue Agency with Resolution n. 40/E of 17 May 2018 stated that when the taxpayer, through legitimate transactions, procure tax benefits there is not abuse of the law. In this case the Corporate Group elected domestic tax consolidation and with this transaction produced significant tax economic effects. The rule is that transactions […]

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  • Privacy policy: strict criteria and more rights

    On 25th May 2018, the European Union Regulation number 679 of 2016, so called “GDPR” enters into force in all Member States. It applies to companies and professionals processing personal data of natural persons. Rules also apply to companies that offer services or products inside EU market that are located outside the European Union. Very […]

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  • Ok to the Transfer Pricing Italian guidelines

    The Ministry of the Economy and Finance signed the decree implementing Article 110, paragraph 7 of Presidential Decree 917/1986, concerning transfer pricing.The action updates guidelines on transfer pricing regulations by adapting the previous instructions to the OECD practice and, in particular, to the arm’s length principle. Among the new features that emerge from the final […]

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  • The customs declaration is always mandatory

    Introducing in Italy goods coming from a non-EU country is subject to prior customs declaration if it exceeds certain limits of value (430,00 euros total, limit that goes down to 300,00 euros in the case of transit by land and 150,00 euros for people under 15). It should be noted, in fact, that any consumer […]

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  • ASD and Italian Tax Authority

    The Supreme Court with decision n. 10393 on 30th April 2018 stated that the ASD must prove to carry out associative and non-commercial activities as well as being registered with CONI in order to maintain their entitlement to the tax treatment as per art. 148 TUIR.

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  • Life insurance policies, tax benefits at risk

    With sentence no. 10333/2018 the Italian Supreme Court (Corte di Cassazione) reiterated, recalling its previous intervention (judgment no. 6061/2012) that the life policies are to be considered such only if they guarantee the return of the capital at maturity, otherwise they are considered as ordinary investment contracts. The Court specified that life insurance policy should […]

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  • The termination of the purchase agreement

    The Court of Cassation, with judgment no. 10045/2018, has established that, with regard to the purchase agreement, the redhibitory defects and lack in quality differ from the aliud pro alio delivery, which is when a good delivered is completely different from the good sold, since it belongs to a different category compared to the one […]

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  • Fuel’s Supplies from 1st July 2018

    The Italian Budget Law for 2018 (Law no. 205/2017) introduced the obligation of electronic invoicing. The Italian Tax Authorities  with Circular letter no. 8/E on 30.04.2018, issued specified time-frame and rules for e-invoicing of fuel supplies. Moreover, accordingly to the new electronic invoicing obligation, Italian Tax Authorities, with measure n. 73203/2018, issued also a list […]

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  • The new regulation on cookies in GDPR

    The regulation on cookies, similar tracking technologies and the monitoring of our personal data are  themes particularly important in the latest General Data Protection Regulation no. 679/2016 (GDPR). Cookies are nothing more than text files sent from a website to the computer of the user visiting it. Cookies were developed as tools to improve web […]

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  • Composition with creditors, plan’s certification and Court control

    The Supreme Court by Ordinance n. 5825/2018 stated that in composition with creditors the Judge is responsible for checking the correctness of plan’s certification, in terms of completeness of data and comprehensibility of criteria used by the advisor to drawn up. For any further information please contact our firm.

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  • Ruling request not accepted are unappealable from 2016

    The Supreme Court with decision n. 7497/2018 stated that the tax payer is allowed to appeal the ruling opinion of the Tax Authority but only till on 31th December 2015. According to the new art. 6 of Legislative Decree 156/2016, now the negative opinion of the Tax Authority cannot be appealed. The tax Payer is […]

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  • Validity of proxy released abroad

    The Court of Cassation has spoken about the validity of proxy released abroad with judgment no. 8174/18. The case in question concerned the exception of a German citizen against a minutes of contravention of the Italian Highway Code that has been accepted by the Justice of the Peace of Florence, in relation to which the […]

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  • European Commission: first counter-measures on listed non cooperative tax jurisdictions

    The European Commission has proposed guidelines for concrete countermeasures for the EU list of non-cooperative tax jurisdictions. The guidelines aim to ensure that EU funds do not inadvertently contribute to global tax avoidance. They should guarantee that EU external development and investment funds cannot be channeled or transited through entities in countries on the EU’s […]

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