Insights

  • Legal interest rate at 0.8% from 2019

    The Firm announces that, with effect from January 1st 2019, the legal interest rate set out in Article 1228 of the Italian Civil Code, will be increased from the current 0,3 percent to 0,8 percent. This amendment was published in the Italian Official Gazette no.291 of 15 December 2018, according to the MEF decree of […]

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  • Certain clarifications on directors’ liability in corporations

    Liability claims towards directors of corporations for breach of their duty to preserve the integrity of the company’s assets may be filed by company’s creditors only if the company’s assets is insufficient for the satisfaction of their credits. This principle has been clarified by the Court of Rome with the decision no. 16350 dated August […]

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  • Gifts tax treatment

    When companies provide Christmas gifts or dinners to customers, suppliers and employees, it is important, from a fiscal point of view, to take into account the cost deductibility limits and the related VAT deductibility. In particular, it is essential to distinguish whether the gifts are purchased to be donated or if they are directly produced […]

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  • Advance VAT Payment 2018

    We inform you that, as usual, by next Thursday, December 27th, taxpayers holding a VAT number, who carry out businesses, art or professional licenses, no matter the legal form and that perform VAT liquidations, as well as VAT payments with monthly or quarterly frequency, are required to pay the advance VAT payment for 2018. The […]

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  • Fraudulent bankruptcy: flexible additional penalties, determined on a case-by-case basis

    It is unconstitutional the provision of additional penalties with a fixed duration of ten years (in particular, incapacitation to exercise a commercial enterprise and inability to hold companies’ management offices) for all those who have been convicted of fraudulent bankruptcy. The Constitutional Court of the Italian Republic stated so with sent. n. 222/2018, filed on […]

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  • Impacts of the ATAD directive on intercompany loans

    Following the Legislative Decree implementing the Anti Tax Avoidance Directive (ATAD) set of rules, many changes regarding the interests’ deductibility have been introduced and will be applied starting from fiscal year 2019. Among these news one of the most important is the one related to the intercompany loans, especially those characterized by lower interest rates […]

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  • Electronic invoicing, summary of excluded subjects

    The new electronic invoicing scheme, since January 1, 2019, will not involve all Italian VAT numbers, the legislator has in fact provided for an exemption for some categories of taxpayers for the active billing cycle. The first category that are exempted by the issuing of invoices in XML format is characterized by taxpayers in a […]

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  • Branch Exemption regime is not revocable

    The branch exemption regime gives to the resident companies the right to opt for the exemption of profits and losses attributable to all their non-resident permanent establishments. Article 168-ter of the Italian Corporate Income Taxation Text (CITT) states that the option is not revocable and that the taxpayer should opt for the regime when the […]

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  • The Trifling Criminal Offence does not apply to juridical entities

    For the first time the Italian Supreme Court (sentence n. 9072/2017, filed on 28.02.18), states that the non-punishment causes of a trifling fact (article 131bis of the Italian Criminal Code), which is applicable to individuals , cannot be also applicable to juridical entities under a preliminary felony charge. In particular, article 131-bis of the Italian […]

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  • Possible extension to the IRPEF subjects of the rules of the amount carried over of the losses for IRES subjects

    The Draft Budget Law for 2019, under discussion by the Parliament, could change the discipline concerning the use of the enterprise’s losses for natural persons. Currently, article 8 of the TUIR (Italian Law for national income tax), which rules upon the application of the income tax on natural persons, provides that: tax losses generated by […]

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  • Budget Law 2019 – Measurements to support companies

    The Budget Law Draft of 2019 includes a few provisions to support companies, some already proposed before, and others with new formulations. Among these last ones is  the introduction of an incentive regime consisting of taxation with a reduced IRES tax rate by nine percentage points (from 24% to 15%) of the income declared by […]

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  • The refund of the EU withholding tax is allowable also in case of voluntary disclosure

    The Regional Tax Court in Lombardia, with the decision n. 4031/02/2018, ruled in favor of an individual taxpayer who submitted the voluntary disclosure, stating that the denial by the Revenue Agency of the refund of any “EU withholding tax” already paid by the taxpayer, is illegal and not compliant with the double taxation agreement in […]

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  • Super and Hyper-depreciation in the budget law for 2019

    The draft of the budget law for 2019 introduces new measures in the regulation of super and hyper-depreciation. These two tax breaks, allow companies to benefit from increased fiscal amortization, in excess of the purchase cost of new capital goods. The budget law, still under discussion, in its draft version provides an extension for the […]

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  • Tax payments by the end of the year

    Here below we intend to summarize the next deadlines for the payment of taxes and social security contributions. November 30th, 2018: second or only installment of direct taxes and social security contributions for 2018 calculated on the basis of Income and IRAP 2018×2017 models The payment of the second or only installment can be determined […]

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  • Release of a shareholder from negative consequences of contribution

    With the ruling n. 17500 of July 4, 2018 the Supreme Court clarifies the conditions for validity of a shareholders agreement which grants a put option to one of the shareholders as an indemnity instrument aimed to transfer the risk inherent to the contribution to other shareholders. The further appeal was submitted against the decision […]

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  • Law Decree n. 119 October 23rd 2018: facilitated tax arrears definition and tax simplification provisions

    On October 23rd 2018 the Law Decree n. 119/2018 (Urgent provisions on fiscal and financial matters) was published in the Official Gazette – General Series n. 247, and it is in force since October 24th 2018. Among the main changes there are measures concerning: “fiscal pacification” (facilitated definition of tax audit reports; facilitated definition of […]

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  • Fixed-term employment contracts

    Take effect the rules on fixed-term employment contracts. On November 1st, after a three months transitional period, all fixed-term employment contracts and all the fixed-term staff leasing, will follow the new rules laid down in the Decree n. 87/2018 converted in Act n. 96/2018. The new rules want to minimize the chances to hire employees […]

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  • The Anti-Tax Avoidance Directive and its implementation in Italy

    The aim of this work is to provide an overview upon the implementation in the Italian Law System of the European Directive  (2016/1164/EU), known as the Anti-Tax Avoidance Directive (from now on, “Directive”). The Directive provides a number of tools in order to fight the so-called “aggressive fiscal planning schemes” which can obtain advantages exploiting […]

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  • VAT regime of transfer pricing adjustments

    By Letter Ruling n.60 of November 2nd 2018, the Italian Tax Authority has clarified that the contribution paid to a subsidiary as a year-end adjustment, in order to maintain its margins within the market range, is not relevant for VAT purposes. In the hypothesis analyzed, the interpellating company, part of a multinational group, operates as […]

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  • Andersen solution for e-invoicing

    Andersen & Legal could manage the entire e-invoicing process: E-invoicing (xml), according to Agenzia delle Entrate (Italian Tax Authority) legislation E-signature of the document Telematic sending of the document through Sistema di Interscambio to Agenzia delle Entrate Accounting, digital storage ensuring integrity and authenticity *** The client could handle directly: Invoicing E-signature of the fiscal document Telematic sending of […]

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