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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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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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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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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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Composition with creditors, tax settlement and abatement of debts
The Supreme Court by Ordinance n. 5906/2018 stated that in composition by abatement of debts the debtor could wiped out credits with better right of priority, after paying debts for VAT and withholding tax credit. For any further information please contact our firm.
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New section for VAT deductibility
Decree Law 50/2017, as noted, changed the discipline related to deduction of the VAT on purchase invoices. The Revenue Agency Circular N. 1/2018 clarified that the right for the VAT deduction is recognized when the tax is due and the taxpayer owns the invoice. If the taxpayer receives an invoice related to 2017 he can […]
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Ue: composition with creditors and VAT deduction
The European Court of Justice, with its holding of 22 February 2018 about lawsuit number C-396/16, clarified the conditions for the adjustment of the VAT deduction originally carried out, in the hypothesis of admission to a scheme of arrangement that involves a definitive reduction of debt obligations towards its creditors. For any further information please […]
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Next deadlines in terms of payment and Certification of Profits paid in 2017
With the enclosed circular the Firm reports next deadlines in terms of payment: – Payment of the 2017 VAT balance, to be paid by next March 16th or, with a surcharge, by the deadline for the payment of taxes resulting from 2018 Income Tax Return. In both cases instalment payment formulas are allowed. – Payment […]
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New rules on Swiss VAT for foreign companies operating in Switzerland
A partial amendment of Swiss VAT law entered into force on January 1, 2018, and has an impact on businesses not established in Switzerland. As of January 1, 2018, foreign businesses pay Swiss VAT on their turnover generated in Switzerland if it generates at least CHF 100,000 worldwide. Moreover, mail-order companies with a place of […]
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New rules on taxation of dividends arising from a tax haven
The Budget Law 2018 provides that dividends paid, directly or indirectly, by companies located in a tax haven will be 50 percent excluded from the taxable income of the resident shareholder. This happens if it can prove (also through the tax ruling) that the foreign company carries out a commercial activity and pass the so […]
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Hotels bonus 2017
The 2018 financial measures have provided the postponement of the tax credit for the companies operating in the touristic industry. The latter was firstly introduced by the D.L. 83/2014 and it was provided only for hotels and then also for holiday farms. The new Law postpones the tax credit for fiscal years 2017 and 2018 […]
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Recent changes regarding purchases of fuel and 1-2 euro cents coins
Two innovations have been recently introduced in Italian law system: -The obligation to use specific means of payment (debit, credit or prepaid cards) for the deductibility of costs and VAT related to purchases of fuel; -The elimination of 1 and 2 euro cents coins and the consequent obligation to round off the amounts of cash […]
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The communication of data invoices becomes light
According to the taxpayers’ statute, which provides at least 60 days between the new provision and the entry into force of the same, to taking into account of the new rules, the deadline for the communication of the invoices’ data for the second half of 2017 has been further extended from Feb. 28th to Apr. […]
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Article 34 Bankruptcy law – The amendments made by Budget Law 2018
The Budget Law 2018 amended the article 34 of Bankruptcy Law regarding the bailment on compulsory liquidation’s bank accounts, enforceable’s bank accounts and bank accounts of seizure procedure. The legislative action provides that all ammounts on those checking accounts have to merge into the “Fondo Unico di Giustizia” or “FUG”, managed by Equitalia Giustizia SpA. […]
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Clarifications on booking terms to deduct input VAT on purchases
The Italian Government issued a new Law last april which changed the booking terms in order to deduct input VAT on purchases. Changes entered into force on January, 1st 2017. As there have been a lot of confusion on the application of said Law, the Italian Tax Authority issued important clarifications which have been reported […]
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Simplification on Intra EU communications effective from 01.01.2018
Since January 1, 2018, some important simplifications regarding Intra-EU communications have been introduced. Andersen & Legal Professionals are at your disposal to provide any further clarification that may be need.
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Law Decree connected to Budget Law 2018: fiscal highlights
The Law Decree connected to Budget Law 2018 was published in Official Gazette no. 172 of december 4th, 2017 and is in force since January 1st, 2018. Andersen & Legal is at your disposal for any additional clarification and explanation.
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