Tax offences ex D.Lgs. n.231/2001: responsibility of the legal representative and the company
On the occasion of the recent meeting of Telefisco 2021, the Finance Police expressed its opinion on the question of the assessment of liability ex D.Lgs. June 8, 2001, n. 231, in the presence of a tax predicate crime. The question, given the current inclusion of tax crimes in the catalogue of “predicate crimes”, is […]
Read More »Untruthful tax return: criminal and tax penalties
The Supreme Criminal Court with the decision n. 4439/2021 ruled that in the case of an untruthful tax return and a similar tax crime, there is no “ne bis in idem”. The case concerned criminal proceedings for the breach of untruthful tax returns. The taxpayer had complied with the tax assessment and paid the tax, […]
Read More »Communication of health costs 2021: sending becomes half-yearly
The Decree of the Ministry of Economy and Finance of 29 January 2021, published in the Official Journal on 6 February, rewrote the timetable for the transmission of data on health and veterinary expenditure incurred in 2021. The data will be sent every six months. The previous DM of 19 October 2020 to art.7 c.1, […]
Read More »EU – China Comprehensive Agreement on Investment
After seven years of negotiations, last December 30 the European Union and China reached a political agreement on the bilateral Comprehensive Agreement on Investment, which sets the general guidelines for European investments in China and Chinese investments in Europe, with the aim of improving the conditions of access to the two markets for both parties. […]
Read More »Fiscal Representation and Direct Identification: what changes with the Brexit Agreement?
Since the UK’s withdrawal from the European Union was approved on 24 December, there have been a number of outstanding issues, especially in the trade field. One of these points concerned VAT obligations: specifically, the new directives on direct identification and the appointment of a tax representative. In Italy, a resolution to this issue was […]
Read More »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 […]
Read 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, […]
Read 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 […]
Read 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 […]
Read 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 […]
Read 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.
Read 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, […]
Read 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 […]
Read 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” […]
Read 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 […]
Read 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 […]
Read 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 […]
Read 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 […]
Read 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 […]
Read 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 […]
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