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GDPR: The period of tolerance on penalties will expire on may 19th
Only few days remain before the full application of the new penalty regime provided for data protection will become applicable. The so called “soft” period provided for by article 22, paragraph 13 of Legislative Decree 101/2018 – by which during the first eight months starting from September 2018 the Italian Data Protection Authority does not […]
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The Supreme Court states on the subject of professional mandate and power of attorney for disputes
The lawyer acting for the recovery of the professional debt is obliged to prove the conferral of the professional mandate or the conclusion of the legal aid contract. In forced of the order No. 6905 of 11 March 2019 by which the Court of Cassation dismissed the appeal brought by a lawyer against judgment No. […]
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Innovative start-up: the power of the Registry Office to verify the requirements of innovation
With a recent ruling the Court of Rome confirms that the Office Register of Companies cannot refuse the registration in the special section of the Register to an innovative start-up, unless the lack of the characters of innovation of the corporate purpose and of high technological value of the products or services offered by the […]
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More tax deduction for IMU from corporate and self-employment income
Article nr.3 of Law Decree nr. 34 of April 30th, 2019 has increased the deductibility rate of property tax (“IMU”) paid for capital real estate, for corporate and self-employment income tax purposes. The principle is that said property tax is not fully deductibile from taxable income. The Law Decree provides for a gradual increase of […]
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Growth Decree: the mini-IRES 2019
The Growth Decree, initially approved on 4 April 2019 with the formula “except to agreements”, received its final green light from the Council of Ministers on last April 23rd. Among the many economic, fiscal and development provisions envisaged, the final version of the decree (published in the Official Gazette on 30/04/2019 and entered into force […]
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Electronic receipts starting from July 1st, 2019
The Decree Law of 2019 introduces the obligation of electronic submission for receipts applicable for taxpayers with a turnover exceeding 400.000 euro starting from July 1st, 2019 and applicable starting from January 1st, 2020 for all others. Please do not hesitate to reach out to our Professionals in case you need further clarifications on the […]
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Intercompany royalties at risk of disputes in the absence of suitable documentation and technical data
The Supreme Tax Court with the decision n. 9615/2019 ruled that the royalty-rate agreed between associated enterprises was not compliant with the arm’s length principle with respect to the exploitation of a trademark licensed from a Swiss parent company to a controlled Italian subsidiary. As a result, the royalty paid in tax year 2005 by […]
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The application of stamp duty tax on electronic invoices
By virtue of the alternative existing between VAT and stamp duty tax, both paper and electronic invoices issued including VAT exempt charges for an amount greater than euro 77,47 are subject to stamp duty tax of euro 2,00. Since the electronic invoicing has become mandatory from January 1st 2019, taxpayers will have to comply with […]
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The Italian Supreme Court of Cassation confirms that the “In-house Companies” can be declared bankrupt
The Italian Supreme Court of Cassation by issuing the sentence n. 5346 of 22 of February 2019 (published on last 12 of March) clarified that the “In-house companies” can be declared bankrupt as they are private entities. At that time according to article 1 of Italian Insolvency law only private entities (and not public entities) […]
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Flat-tax regime: Ateco sections relevant for the new impediment
The Italian IRS, on the 9/E 2019 Circular published on 10 April 2019, analyzed some issues relating to the flat-tax regime, focusing in particular on the new impediment represented by direct or indirect control in limited liability companies which carry out economic activities directly or indirectly attributable to those performed by the owners who are […]
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New tax regime for inbound employees
The Italian Law Decree (so-called “growth Decree”) approved on April 4th, has brought significant changes to the domestic regulations for the relocation to Italy of employees, researchers and professors. The changes made to inbound workers provisions enhance the existing regulatory scenario, introducing incentives and favorable measures in order to boost the attraction and settlement of […]
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Time limits for telematic notification
With sentence no. 75 of April 9, 2019 , the Constitutional Court ruled on the question of constitutional legitimacy promoted by the Court of Appeal of Milan, in relation to Article 16 septies of Decree Law 179/2012, upon which “Article 147 of the Italian Criminal Code also applies to notifications made by telematic means. When […]
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Non-binding advisory ruling by the Italian Anti Bribery Authority: How to contest it?
With decision n. 1622 of March 11th, 2019, the Italian State Council (which is the most important administrative court in the Italian legal system) stated that even a non-binding opinion by the Italian Anti-bribery Authority (hereinafter “ABA”), may entitle the interested person to judicial action, at certain conditions. In fact, regardless of art. 211 of […]
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Hyper depreciation with no continuative interconnection required
The 2019 Budget Law has confirmed for tax year 2019 the hyper depreciation tax regime, which was enforced by the “Industria 4.0” Decree issued by the Ministry of Economic Development (MI.S.E.) in 2017. The hyper depreciation is a tax deduction linked to the purchase of operational assets aimed to the digital conversion of enterprises according […]
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The Supreme Court resolves the contrast regarding the starting date of the short term of appeal
With decision no. 6278 on November 6, 2018 – March 4, 2019, the Italian Supreme Court puts an end to the existing jurisprudential conflict concerning the starting date of the short term of appeal provided for by Articles 325 and 326 of the Italian Civil Procedure Code. More precisely, the Supreme Court had been asked […]
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Higher incomes and previous losses carried forward
The resolution nr. 4 of March 21st, 2019 of the Italian Revenue Agency provides clarifications about the use of previous losses in case of higher taxable incomes resulting from tax assessments. In case previous losses carried forward are deducted in tax returns for an amount below the limit, equal to 80% of the taxable income […]
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Campione d’Italia is included in the EU customs territory
From 1th January 2019 the Italian municipality of Campione d’Italia and the Italian waters of Lake Lugano was included in the EU customs territory. The amendment was adopted by the Regulation n. 474 of 19th March 2019, published in the Official Journal of the European Union on 25th March 2019 with Directive 2019/475 / EU. […]
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Lease for non-residential use: when the translation of the tax burdens relating to the property is not null and void
The contractual clause which places on the lessee the burden of paying all the taxes, duties and charges relating to the leased asset is legitimate if the payment is a supplement to the total rent owed to the lessor. This is the opinion expressed by the Joined Chambers of the Italian Court of Cassation, in […]
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Single member private limited liability company and personal responsibility for company’s liabilities
Compared to partnerships, limited liability companies are autonomous legal entities, totally distinct from the shareholders. It implies that their financial resources are totally separated from the one of their shareholders. Therefore, the shareholders are not liable with their assets for the debts of the company, as well as to the personal debts of other shareholders. […]
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The new RLI Model for the option to the “cedolare secca” on the commercial lease
With the decision n. 64442 of March 19 th 2019 the Italian Tax Authority has integrated the model RLI, the relative instructions and the technical requirements for the tele-transmission, giving the possibility to practice the option for the regime of “cedolare secca” also for the contracts that concerns the building units to the cadastral category […]
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