Insights

  • On 19th September 2018, comes into force the GDPR harmonization decree

    On 25th May 2018, the European Union Regulation number 679 of 2016, so called “GDPR” entered into force in all member States. It applies to companies and professionals processing personal data of natural persons. On 4th September 2018, the Legislative Decree (Legislative Decree No. 101/2018) for the harmonization with the General European Regulation on the […]

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  • Advertising Bonus – Application from September 22nd until October 22nd, 2018

    From September 22nd, 2018 until October 22nd,2018, it will be possible to send the electronic application to the Department of Information and Publishing of the Council of Ministers to have access to the so-called “Advertising Bonus” regarding the advertising investments made through 2017 and 2018. The Bonus, introduced by the Law Decree No. 50/2017 then […]

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  • Submission of the quarterly VAT return for the 2nd quarter 2018 to be done within September 17th

    The postponement of so called “Comunicazione Dati Fatture” for the second quarter 2018 to October 1st does not concern the Quarterly VAT Return related to the same period, for which the deadline is still set on September 17th. This fiscal change is raising considerable doubts among taxpayers. The current legislation, in fact, seems to set […]

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  • The crime of unfaithful declaration is excluded for transfer price adjustments

    The Regional Tax Commission of Milan, with sentence no. 3674 on 4 september 2018, stated that no consequences on the penal-tax level can derive from a transfer pricing adjustment. The judges have denied the application of the rule of doubling of the terms of assessment, in case of criminal relevance, to the case of adjustment […]

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  • New formulation of art. 96 of D.P.R. 917/1986

    European Directive n. 2016/1164/UE, which has been implemented in Italy with a new Legislative Decree, modifies art. 96 of the Italian Corporate Tax Code. The new formulation if the above-mentioned article will be in force starting from January 1st, 2019. The main changes introduced by the scheme of the new Italian Decree are related to […]

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  • New Limitations to the split payment regime

    According to the Article 12 of D.L. 87/2018 the split payment will no longer apply for services rendered by professionals to public administrations whose payments are subject to withholding tax for income tax purposes. The split payment is the mechanism of splitting of payments by effect of which the VAT charged in an invoice to […]

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  • Amendment n. 7 (Jersey) Trust Law 1984

    An interesting study on trust in light of the amendment n. 7 entered into force last June 8, 2018, aimed at making the trust tool more ductile and adaptable to the needs of the settlors. In particular we highlight the amendment of article 29 on the provision of information to beneficiaries which gives the settlor […]

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  • Court of Cassation clarifies the nature and the standards of quantification of divorce check

    The sentence 18287/2018, rendered by Court of Cassation’s United Sections, clarifies the nature and the standards of quantification of divorce check under art. 5, paragraph 6 of law 898/1970 pursuant to which “With the sentence pronouncing the dissolution or termination of the civil effects of marriage, the court, taking into account the spouses’ conditions, the […]

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  • New rules for fixed-term employment contracts and more

    On July 14th 2018 entered into force the so called “Dignity decree”, strongly wanted by the new minister of labour Luigi Di Maio (D.L. 87/2018). In this decree, the length of fixed-term contracts cannot exceed 24 months and the employer is obliged to justify the reason of fixed-term contract any time its length exceed 12 […]

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  • Electronic invoicing

    The Revenue Agency by their Circular no. 13/E of July 2nd. has provided answers to the main questions received from trade associations and individual taxpayers on electronic invoicing, with particular regard to the recent changes enforced by Law no. 205 of 2017. Our Professionals are available to provide further clarifications on the topic.

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  • Omitted assessment of observations to the PVC causes nullity of the verification

    The Italian Tax Revenue Agency must always evaluate the observations submitted by the taxpayers pursuant to article 12, paragraph 7, of the Statute of Taxpayers’ Rights. According to the Supreme Court, decision n. 17210 on 2nd July 2018, the article 12, paragraph 7 of Law 212/2000 must be interpreted as meaning that the nullity results […]

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  • 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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