-
The assignment of credit does not affect the determination of the competent court and of the jurisdiction
The criteria established by Regulation (EU) No. 1215/2012, for the purpose of identifying the competent court within the European Union, must be complied with, even if the assignee of the credit has filed the claim before the court next seised by claiming an obligation arising from the contract concluded between the assignor and the third […]
Learn More -
It is required to prove the causal connection for the liability of Auditors pursuant to art. 2047 Civil Code
The Supreme Court has ruled that it is up to the plaintiff to prove each and every constituent element of the liability of auditors in accordance with article 2407 of the Civil Code. In particular the legitimacy judges have clarified the legal principle according to which the responsibility of the Auditors, in Italian company law, […]
Learn More -
Non-repayable contribution for lessors who reduce the rent
Law no. 176/2020 (conversion of the DL Ristori) provides that in 2021 the landlord of a property for residential use that reduces the rent of a contract in existence on 29 October 2020, is eligible for a grant of 50% of the fee reduction, within the limit of € 1,200 per year. Specifically, the facility […]
Learn More -
News about Superbonus 110%
The 2021 Italian Budget Law (Legge di Bilancio) introduces innovations for what concerns the Superbonus, the maxi-tax advantage of 110%, formerly introduced by the “Decreto Rilancio”, which allows to deduct, sell or request the discount on the invoice against certain interventions on real estate. Among the main innovations, the six-month extension of the deadline to […]
Learn More -
Business Judgment Rule: latest news on the liability of the director
With the decision under review, the Supreme Court returns to deal with the principle of the so-called business judgment rule, pointing out that the directors can not be held responsible for the normal business risk and, consequently, the negative outcome of the company’s activities or individual acts related to it. The merit of management choices […]
Learn More -
Tax and customs implications of the agreement between EU and UK
Andersen professionals of the European VAT and customs service line drawn up an in-depth analysis on the main key elements of the draft Free Trade Agreement which will be signed by the European Union and the United Kingdom. Davide Centurelli, coordinator of the Italian VAT and Indirect Customs Tax department, is available to provide further information.
Learn More -
Disavowal of a work of art by the author and its limits
The law protects the author, but with some important limits. An example of this is the case in which the artist decides to repudiate one of his works due to a change in artistic or philosophical conception, etc. If the work has already been circulated, the law safeguards the rights acquired by third parties and, […]
Learn More -
Shareholders’ agreements and By-laws: connection clause
The Milan Notarial Council has recently published the following principle: “it is legitimate to include a clause in the By-laws limiting the circulation of shares in a joint-stock company or of shares in a limited liability company; in such a case, the transfer of shares will be effective only if the future shareholder adheres to […]
Learn More -
Free gifts: fiscal discipline and new technical provisions.
Electronic invoicing is affected by important news from 1° January 2021: all taxpayers will have to consider the new technical specifications ordered by the Revenue Agency. Optionally, it was possible to use the new codes already starting from 1° October 2020. Among these, there is the code “TD27: invoice for self-consumption or for free gift” […]
Learn More -
Dividends from non-resident companies located in low-tax jurisdictions
The Tax Authority with ruling no. 587 of 16th December 2020, provided some clarifications on the issue of dividends from the blacklisted company. The application filed to the Tax Office concerning income realised in the fiscal year 2017 and distributed in the fiscal year 2019 to the Italian parent company Alfa by the subsidiary Beta […]
Learn More -
Brexit: the effects of a no deal
The United Kingdom left the European Union on 31 January 2020 after 47 years of EU membership. The withdrawal agreement provides for a transition period ending on 31 December 2020 during which EU rules will continue to apply, thereafter the UK will officially become a third country. Negotiations on the partnership agreemen18t to govern the […]
Learn More -
Does building abuse freeze the Superbonus?
According to the general rules, only maintenance work can be carried out on a building where there is building abuse, while all innovations and improvements can only be authorised in a context of full legitimacy and building regularity of the building; in the light of this principle, it would therefore be impossible to access the […]
Learn More -
Revised arbitration rules of the leading European arbitral institutions
2020 has been marked as the year of review and amendment of the arbitration rules of some leading arbitration institutions, showing the willingness to consolidate common practice and streamline arbitral proceedings. Some of the changes were essential, as the arbitration world has been under great pressure over the past year to find ways to continue […]
Learn More -
False Declaration and Omitted Payment: two different violations
With judgment n. 27963 of 7 December 2020, the Italian Supreme Court took a position in relation to the tax penalties applicable in case of untrue declaration and consequent failure to pay the taxes due. In particular, the Supreme Court stated that the false declaration and the omitted payment have different trigger events and are […]
Learn More -
Online sales to non-EU private individuals must be documented by invoice
The Covid-19 emergency has helped to increase the trend of online sales, a trend that has already been growing steadily since last few years. The strength that has attracted many small and medium-sized enterprises in Italy to invest in e-commerce is the possibility of breaking down the territorial limitations of physical stores and expanding their […]
Learn More -
Cash back of Christmas
From 8 December and until 31 December 2020, private consumers, over 18 and resident in Italy, who will make at least 10 purchases with credit cards, debit cards and prepaid will be able to obtain the c.d. Extra Cash Back Christmas, or a refund of 10% on expenditure made up to a maximum of € […]
Learn More -
Cash back di Natale
A partire dall’8 dicembre e fino al 31 dicembre 2020 i consumatori privati, maggiorenni e residenti in Italia, che effettueranno almeno 10 acquisti con carte di credito, carte di debito e prepagate potranno ottenere il c.d. Extra Cash Back di Natale, ovvero un rimborso del 10% sulla spesa effettuata fino ad un massimo di € […]
Learn More -
IMU for fiscal period 2012 on industrial real estates: declared the incustitutionality
The Constitutional Court declared illegitimate the rule governing the non-deductibility of the cost of IMU (local tax on industrial real estate), for the 2012 tax period, from income taxes. The provision declared illegitimate is in fact in contrast with some principles guaranteed by Articles nr.3, 41, and 53 of the Constitution (principle of ability to […]
Learn More -
Decree Law 157/2020: suspension of payments for the month of December
Decree Law 157/2020 provided for the suspension of some tax / social security payments with ordinary expiry in December 2020. The suspension concerns in particular: Value added tax (periodic VAT for the month of November 2020, expiring on 16.12.2020 for monthly taxpayers, and the year-end downpayment of VAT for tax year 2020, expiring on 28.12.2020); […]
Learn More -
News about TP Documentation
With the Measure published last November 23rd, 2020, the Italian Revenue Agency modified the Italian regulations regarding the documentation on transfer pricing. The document attached analyzes the most relevant changes occurred.
Learn More