Insights

  • Anti Money Laundering legislation: D.Lgs 25.05.2017 n. 90 approved

    The D.Lgs 25.05.2017 n.90 was approved and published on the 19.06.2017 Gazzetta Ufficiale.The italian national law mesures – trasposing the reporting obligations set out in Directive (UE) 2015/849 – will enter into force on the fourth of july. The news set out, mainly involves: increasing of the administrative sanctions; increasing number of the “politically exposed […]

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  • Vat settlement postponed

    With resolution n. 73 of June 20th, 2017, the Revenue Agency provided some clarification on the new deadlines for the payment of the VAT settlement. On the one hand it has been confirmed, as a general rule, the deadline of March 16th; on the other hand, the Agency established that this deadline can be postponed […]

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  • Privacy: insights on new rules

    Next May 25, 2018 will enter into force the regulation 2016/679 that concerns privacy policy. This regulation enters into what, with Directive 2016/680, has been defined as the “European Data Protection Package”. The article attached herewith defines the amendments introduced by the Regulation which all companies shall adopt within one year.

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  • The “overindebtedness procedure”

    The “overindebtedness procedure”, introduced by the Italian law 3/2012, is increasingly being used in Italian Courts. Read more in the attached document (in Italian).

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  • Postposed deadline for the electronic submission of Periodic Vat Settlements Communication

    With the press release of May 29th, 2017, the Ministry of the Economy and Finance issued an official prorogation of the deadline to file the new fulfillment introduced by the Stability Law 2017, the Periodic Vat Settlements Communication, to the Tax Authority. Although no publication in the Official Journal occurred yet, the proposal is included […]

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  • Clarifications on reverse charge sanctions

    For any further infomation please contact our Office.

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  • Simplified procedure in relation to pending tax litigations

    Decree-Law 50/2017 has introduced into the Italian legal system a simplified procedure in relation to pending tax litigations, in which the Italian Revenue Agency acts as defendant. This procedure can be applied at all levels of appeal providing that taxpayer appeared before a judge within 31stDecember 2016. Taxpayer, that has applied to the simplified procedure […]

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  • No more automatic lifelong divorce payments

    Italian high court ends automatic lifelong divorce payments in landmark ruling. Supreme Court judgment overturns 30 years of case law: from now on the benchmark for levels of maintenance will be based on an assessment of the independence or economic self-sufficiency of the former spouse requesting it. Divorcees who have independent means or are capable […]

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  • Scheme of arrangement: write-off VAT debt

    Before the amendment, Article 182 ter of Bankruptcy Law provided for the possibility of extending or partially cutting back some tax debts. However, this rule excluded the VAT debt and withholding tax, for which it was possible to propose only an extension of the terms, excluding the possibility of writing-off the nominal value of the […]

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  • Lease and scheme of arrangement on a going concern basis

    With a sentence dated April 5th, 2017 the Court of Appeal of Florence stated that the lease is incompatible with the scheme of arrangement made on a going concern basis. The sentence states that the entire discipline of the aforementioned scheme, ex art. 186bis of the Italian Bankruptcy Law, is based on the assumption that […]

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  • Changes in tax credit off-setting through F24 forms

    Decree Law n. 50/2017 introduced important news about Credit Compensation related to F24 Tax models. For further details please see the circular below.   Our Professionals are at your disposal for any further information.     

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  • Italy implements transfer pricing and patent box regime

    Italy enacted into law important changes to its transfer pricing and patent box regime. Law Decree n. 50/2017 replaces the concept of “normal value” with a transfer pricing method that is in line with the OECD arm’s length principle, adds corresponding adjustments to Italian tax law, and updates the list of intellectual property that can […]

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  • Innovative start up

    Decree-Law 179/2012 has introduced into the Italian legal system a definition of a new innovative enterprise of high technological value, the (called) “innovative startup”. The policy for innovative startups became stronger in the last years by several subsequent legislative interventions. The Stability Law for 2017 has improved and broadened the range of benefits in favor […]

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  • Corrective budget adjustment 2017

    The corrective fiscal package called “Urgent measures in financial matters, initiatives in favor of local authorities, further measures for areas affected by earthquakes and measures for the development”, was approved by the Cabinet in its meeting of April 11 2017, and amounted to more than 3,4 billion euros. The measure contains a series of measures […]

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  • Corrective action 2017 – VAT deduction

    The new provision, by reformulating art. 17-ter of Presidential Decree No 633/72, reduces the right to deduct the tax on goods and services purchased or imported, by exercising it at the time when the VAT becomes due and, at the latest, with the declaration relating to the year in which the right to deduct has […]

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  • Voluntary Disclosure bis: our insights

    The Government re-opens the terms of the so-called Voluntary Disclosure procedure. Taxpayers that have already taken advantage of the ‘first window’ will not have access to the procedure. To benefit from the Voluntary Disclosure-bis, the taxpayer must: submit an application to the Italian Revenue Agency correcting violations made up until 30 September 2016 (i.e. for […]

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  • Rent-to-buy: our insights

    The “rent-to-buy” agreement, with the tight credit market and stricter down payment requirements, has emerged as a trend for people who otherwise would not be home buyers. Rent-to-buy is a particular kind of contract, introduced by D.L. 133/2014. It is a hybrid contract, halfway between sale and lease. The landlord delivered the property to the […]

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  • Corrective action 2017 – Off-setting and compliance

    Decree 24 April 2017 n. 50 foresees the tightening of the restrictions on the use of tax credits off-setting, pursuant to art. 17 of Legislative Decree no. 241/97 (ie “horizontal compensation”), as well as modification of the ways in which the same compensation can be made by taxpayers. Under the first aspect, the threshold beyond […]

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  • Italian PIRs, saving plans

    The Budget Act 2017 (Legge di Stabilità 2017) has introduced the possibility for asset managers to establish tax-exempt investment plans at no extra costs for individual retail investors (piani individuali di risparmio or PIR), the Italian equivalent of the French plans d’épargne and the UK individual saving plans. The objective is to channel family savings […]

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  • Corrective action 2017 – split payment

    The split payment mechanism, governed by art. 17-ter of Presidential Decree n. 633/72 provides that VAT payable on supplies of goods or services provided by the supplier at the time of issue of the sales invoice, be paid to the treasury directly from the transferee of the operation. In essence, the purchaser “retains” the input […]

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