• Electronical Invoice: the reduction in penalties for the first semester of 2019 has ended

    The Art. 10 of Law Decree 119/2018 provided a relief from penalties in case the e-invoice was issued within the deadline for VAT periodical liquidation. Moreover, a reduction of 80% of penalties was set forth in case of issuing of the e-invoice within the deadline for the following VAT periodical liquidation. This relief from penalties […]

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  • Patent Box

    “Patent Box”, firstly introduced by Budget Law for fiscal year 2015, was recently updated by law Decree number 34/2019. The tax break is aimed at stimulating company to increase their R&D investments through the introduction of a tax credit (both for corporate and regional tax purposes) based on the amount of the expenses sustained. The […]

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  • Business Crisis: first seven warning ratios developed by the Association of Chartered Accountants

    Article no. 13 of The New Italian Code of company crisis and insolvency entrusted advisors to set up every three years balance-sheet indicators and financial indicators able to promptly identify business crisis. The Association of Chartered Accountants and Auditors, with the support of Cerved Group SpA, developed the first seven warning ratios, that, applied to […]

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  • MNE with ongoing operational losses: automatic tax adjustments and construed solely on a presumptive basis are forbidden

    The Regional Tax Commission of Lombardy (judgment 928/20/2019) comes back to the issue of companies that are in permanent loss. In the case at stake, the Italian company belonging to a multinational group operating in the pharmaceutical sector, had recorded operating losses beyond the start-up period (from FY1997 to FY2013), while at the consolidated level […]

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  • Synthetic Indices of Tax Reliability (ISA)

    The ISA represents a new tool, through which it is intended to provide, to professionals and companies, an accurate and transparent feedback. ISA are indicators constructed with a statistical economic methodology based on accounting and structural data and information, related to several tax periods, which allow economic operators to independently assess their position and verify […]

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  • Compensation of VAT paid for the settlement concession of a tax audit report

    With reply to ruling n. 349 on August 28th, 2019 the Italian Revenue Agency recognized the possibility to claim for compensation from their assignee/customer, for those who have defined a tax audit report (so-called PVC) pursuant to art. 1 of Legislative Decree 119/2018. According to the provision of art. 60, par. 7, of Presidential Decree […]

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  • New deadline for income tax payment on October 30th with the surcharge of 0,4%

    The Italian tax revenue agency with the announcement n.71/E of August 1st 2019, has clarified the possibility to pay direct taxes scheduled for September 30th on October 30th with the addition of 0,4% on the total amount due. Taxpayers can pay in three instalments; the deadlines for the payment are scheduled in different days between […]

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  • Quarterly VAT credits transferred to the Group tax filing system

    According to the Art. 12 – sexies of DL 34/2019 there should be the possibility to transfer the quarterly VAT credits to the Group tax filing system in order to offset them with the Corporate income tax due by the parent company. In this regard, note that Article 7, paragraph 1, lett. b) of Ministerial […]

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  • Obligation to appoint the supervisory body/auditor. How to calculate the average number of employees.

    Article 2477, paragraph 2, c.c. has revised the limits for the appointment of the supervisory boards. It requires the mandatory appointment of a supervisory body/auditor if the company has exceeded at least one of the following limits for two consecutive years: total balance sheet assets over 4 million euros; revenues from sales and services over […]

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  • July 31 st 2019: Deadline for the payment of the first or only rate of “Rottamazione – ter”

    The taxpayers who on 30 April had adhered to the preferential definition, provided by the tax-related to budget law DL 119/2018, by the date of 31 July will have to pay the first or only installment provided for by the plan. The taxpayers shall pay the remaining debt free of penalty and default interest, alternatively: […]

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  • The active repentance considers the pro rata for misteks on exmpt transtaction

    Taxable people VAT who, after an incorrect registration, should realize that they have included tax-exempt active transactions rather than taxable transactions, in order to regularize such transactions, they can use the active repentance. The inaccuracies may be attributable to the incorrect documentation and registration of taxable transactions for vat purposes under the Art.6 c.1 D.lgs […]

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  • Income tax payment – deadline postponed to September 30th

    The D.L. 34/2010 has ruled the postponement the deadlines for the payment of direct taxes and VAT – previously scheduled for July 1st – on September 30th. The following taxpayers will benefit from the postponement: companies, sole entrepreneurs and professionals subjected to the I.S.A. (i.e. tax reliability indexes); taxpayers that have reported income of less […]

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  • The third “tax collection settlement procedure”: the new deadline to 31st July

    The D.L. n. 34/2019 (so-called “decreto Crescita”) fixed the new deadline to 31st July to submit the declaration for access to the “third tax collection settlement procedure”. The Article 3 of the D.L. 119/2018 introduced the possibility of benefiting from the third “tax collection settlement procedure” for payment demands entrusted to the Collection Agent between […]

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  • Nonprofit companies and insolvency proceedings

    Nonprofit entities may carry out economic activities in order to achieve their institutional purpose, in accordance with the law and their articles of association. Consequently, if the activity in question fulfills the requirements established by paragraph 2082 of the Italian Civil Code and it is one of the activities listed in the following paragraph 2195, […]

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  • VAT Group: the Italian Tax Authority clarifies the application of Italian VAT Grouping rules with ruling n. 222/2019

    VAT Group: the Italian Tax Authority clarifies the application of Italian VAT Grouping rules with ruling n. 222/2019 On July 1st, 2019 the Italian Tax Authority issued clarification in the ruling n. 222/2019 concerning the application of VAT Grouping legislation as per Presidential Decree no. 633/1972, DM 6 April 2019 and Circular letter no. 19/E/2018. […]

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  • Growth Decree: VAT trimestral credits’ credibility

    Article 12-sexies of DL 30/04/2019 n. 34, modified article 5, subparagraph 4-ter of the DL 70/88, introducing the possibility for taxable persons to transfer/sell their VAT credits accrued in a single quarter. The previous version of the VAT law allowed exclusively transferability to VAT credit accrued at the end of a calendar year. The discrimination […]

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  • Electronic invoice and receipts: new rules starting july 1st, 2019

    Electronic Invoices With effect from July 1, 2019, all immediate invoices must be issued (therefore sent to the SDI) within 12 days of the transaction. Is utterly important, the indication of the date of execution of the transaction on the invoice (if different from the issuing of the document) or as specified by the Tax […]

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  • Invalidity of the tax assessment received by registered mail

    With decision no. 757/2019, the Piemonte’s Regional Tax Court stated that the tax assessment served by registered mail, and not by the judicial officers, is legally non-existent. According to the judges of Torino, the importance and the function of the act, not only lets the recipient know about the tax demand, but it also legitimizes […]

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  • Fiscal residence and DTAs

    The private letter ruling n. 203, published on June 25th, 2019, provided important explanations regarding the assessment of the fiscal residence in Italy of an individual, as well as regarding the relationship between the domestic regulation and the Double Taxation Agreements. In fact, the Italian Revenue Agency disclosed its interpretation, highlighting that when at the […]

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  • Inbound employees tax regime applicable also to persons not registered on AIRE

    Italian tax authorities have always considered that the lack of Registration on the Register of Italians living abroad (AIRE) was a sufficient requirement to consider a person as a resident in Italy by default. This presumption had the consequence, among others, of not being able to benefit of the Inbound employees’ tax regime. This approach […]

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