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. […]
Read More »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 […]
Read More »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 […]
Read More »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 […]
Read More »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 […]
Read More »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.
Read More »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 […]
Read More »The termination of the purchase agreement
The Court of Cassation, with judgment no. 10045/2018, has established that, with regard to the purchase agreement, the redhibitory defects and lack in quality differ from the aliud pro alio delivery, which is when a good delivered is completely different from the good sold, since it belongs to a different category compared to the one […]
Read More »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 […]
Read More »The new regulation on cookies in GDPR
The regulation on cookies, similar tracking technologies and the monitoring of our personal data are themes particularly important in the latest General Data Protection Regulation no. 679/2016 (GDPR). Cookies are nothing more than text files sent from a website to the computer of the user visiting it. Cookies were developed as tools to improve web […]
Read More »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.
Read More »Ruling request not accepted are unappealable from 2016
The Supreme Court with decision n. 7497/2018 stated that the tax payer is allowed to appeal the ruling opinion of the Tax Authority but only till on 31th December 2015. According to the new art. 6 of Legislative Decree 156/2016, now the negative opinion of the Tax Authority cannot be appealed. The tax Payer is […]
Read More »Validity of proxy released abroad
The Court of Cassation has spoken about the validity of proxy released abroad with judgment no. 8174/18. The case in question concerned the exception of a German citizen against a minutes of contravention of the Italian Highway Code that has been accepted by the Justice of the Peace of Florence, in relation to which the […]
Read More »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 […]
Read More »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.
Read More »Validity of the contract with the only initials of the declarant
A contract can be considered validly concluded between the parties even with the initials of the declarant, as provided in decision no.6573/2018 of the Supreme Court of Cassation. In fact, according to the prevalent case-law, the signature of the declarant – consisting in name and surname put by himself or in identifiable initials – expresses […]
Read More »Antitrust inquiry against vexatious clauses in Accident and Health insurances
Antitrust and Ivass have started a coordinated action to investigate the existence of several clauses in the insurance policies, that do not allow the heirs of the insured to succeed in the right to compensation if “their relative dies for a different reason than the one which has determined the invalidity and before the insurance […]
Read More »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 […]
Read More »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 […]
Read More »VAT deductible is granted even if there is no annual tax return
The Supreme Court with decision n. 4392 on 23th February 2018 stated that the Tax Office must granted the VAT tax deductible to the tax payer, if he has complied with the necessary formal requirements, even if there is no annual tax return. The VAT credit must be used by the tax payer within the […]
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