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Giovanni Gallucci assists the purchase of Babuino Immobiliare
Giovanni Gallucci, associate partner of Andersen, expert in corporate and real estate matters, supported Tander Inversiones Socimi, a listed Spanish real estate investment company, in completing the purchase transaction from private investors of Babuino Immobiliare, owner of a prestigious commercial property located in Rome, via del Babuino 36-37. Tander Inversiones Socimi was assisted by DGRS, […]
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The Right to be forgotten and the de-indexing
The Court of Cassation with the ordinance n. 9147 of last 19 May dealt again with the controversial relationship between the right to be forgotten and the right of information. Here, following its precedent, the Court reiterated that the de-indexing by the search engines, and not the cancellation from any online archive, is the appropriate […]
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Deduction of VAT credit in case of omitted annual VAT return
By the decision no. 14055, filed on July 7th 2020, the Supreme Court ruled that the VAT credit accrued in the year in which the VAT return is omitted can be used in deduction, provided that: the taxpayer demonstrates the existence of his right to deduct; this credit is included, at the latest, in the […]
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Andersen is Now Andersen globally
Andersen Tax & Legal, the Italian member of Andersen Global, a firm of chartered accountants, lawyers and financial advisors, adopts the name “Andersen”. All the member firms of the international organization Andersen Global, which operated with the brands Andersen Tax, Andersen Legal and Andersen Tax & Legal, will be involved in the rebranding process to […]
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Extension of the split payment to June 30th 2023: the MEF press release has been published
With press release n. 158 of July 3rd 2020, the Ministry of Economy and Finance (MEF) has officialised the extension of the split payment mechanism until June 30th 2023, and the decision will be formally adopted and published in the Official Journal of the European Union once translated in every official languages of the European Union. The […]
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VAT refund and request of taxpayer as non-resident
The European Court of Justice, with the decision of 11 June 2020 on the C-242/19 case, made some clarifications on the following points: 1. interpretation of art. 17, paragraph 2, letter g) of the VAT Directive (2006/112/CE); 2. provisions of the art. 2, paragraph 1, and art. 3 of the VAT Refund Directive (2008/9/EC). This […]
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Andersen Global Expands in the Caribbean
BDO in Puerto Rico Founded in 2000, BDO Tax LLC is led by Managing Partner Gaby Hernandez and supported by more than 140 professionals. It provides an array of tax and business advisory services to more than 3,000 clients, including transfer pricing, private client services, transaction advisory, government contracting, accounting services and tax compliance with a specific focus on […]
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Mapping of foreign subsidiaries and regulations on Controlled Foreign Companies
The emergency at Covid-19 is forcing Italian companies to deal with the delicate management of short-term problems, first of all obtaining the necessary liquidity. This context would lead to an avoidable neglect of medium/long-term commitments, such as the calculation of taxes, which, if not properly assessed, will result in additional burdens for Italian companies. From […]
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Unlimited liability of the liquidator to dissatisfied creditors for violation of the par condicio creditorum
The Third Civil Chamber of the Supreme Court, by order no. 11304 of 12 June 2020, ruled on the ‘unlimited’ liability of the liquidator towards the company’s creditors who were dissatisfied if the principle of par condicio creditorum was violated. Where, following the cancellation of the company (pursuant to art. 2495, paragraph II, of the Italian Civil Code), the […]
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Andersen support the acquisition of CLB by Gruppo Messaggerie
The Andersen team led by Andrea De Vecchi, Country Managing Partner, and Sebastiano Dell’Arte, Partner, assisted the acquisition by Gruppo Messaggerie of the majority share of Centro Libri Brescia CLB, a leader in the wholesale of school books. Thanks to this operation Gruppo Messaggerie, a historical client of our Firm, strengthens its leadership in the publishing products […]
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Shareholders or Board of Directors, who is entitled to resolve the transfer of the unique business unit owned by a limited liability company?
With the recent ruling no. 1722/2020, dated 27 January 2020, the section specialized in business matters of the Court of Rome disposed the nullity, due to the contrariety of mandatory rules which fix the shareholder’s powers, of the contribution in kind of the unique company’s business unit in favour of a newly incorporated company carried out by a […]
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Definition of the figure of the intermediary
Andrea Frangipane, Andersen Partner and lawyer, assisted with his team the process that took place at the Court of Appeal of L’Aquila for the definition of the figure of the intermediary. The thesis supported by Andrea Frangipane brought back the figure of the business agent to that of the intermediary, while the counterpart claimed that […]
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The validity of the russian roulette clause confirmed by Court of Appeal
The legitimacy and validity of the russian roulette clause was confirmed by the Court of Appeal of Rome, which upheld the judgment of the Court of Rome stated in 2017 in which the Court ruled on the merits, pursuant to Article 1322, paragraph 2, of the Italian Civil Code, of the clause included in a shareholders’ agreement. […]
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Italy and Switzerland achieve an agreement on smart working
IPSOA Quotidiano publishes an in-depth analysis written by our professionals Francesco Marconi, partner and chartered accountant, and Alessandro Poli, partner and lawyer, on smart working adopted by cross-border commuters, employed in Switzerland, following the restrictions applied during the health emergency caused by Covid- 19. On June 19, Italy and Switzerland reached an agreement for the interpretation and extraordinary application […]
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First playable fund: Italy encourages video games development
In order to encourage the digital entertainment, the Italian Government provided a Digital Entertainment Fund, the so called “First Playable Fund”. In particular, resources are available to facilitate the development of the Italian video games industry, with the aim of supporting the design and the pre-production phases that are necessary for the creation of prototypes. […]
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Limit on the use of cash
The Fiscal Decree 2020 (art. 18 of Legislative Decree no. 124/2019) for the purpose of: – counter tax evasion; – discourage the use of cash in favor of electronic money; The decree approved lowering the limit on the use of cash starting on July 1st 2020 until December 31st 2021, from € 3,000 to € […]
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The Coty vs Amazon case and the use of trademarks
The Court of Justice of the European Union resolved the case known as “Coty Germany GmbH vs Amazon“[1] with the sentence of 2 April 2020 (C-567/18) and gave a preliminary ruling in favor of the e-Commerce giant regarding the interpretation of a provision of the EU Trademark Regulation. The ruling was returned to the German Federal Court […]
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Copyright and concept store
On April 30, 2020, through the publication of the judgment no. 8433, issued by the Court of Cassation, a judicial case, which began before the Court of first instance of Milan in 2013, involving two well-known make-up companies, was partially concluded. The subject of the dispute was mainly based on the violation of copyright which, […]
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The new mandatory audit procedure
The Law Decree no. 34/2019 – so-called Decreto Crescita, introduced starting from July 1, 2020, the obligation for the Tax office to invite the taxpayer to the audit procedure before issuing notices of assessment. On June 22, 2020, the Italian Tax Authority with the Circular no. 17/E provided clarifications on the new tax audit as per Article 5-ter of Legislative […]
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Andersen Enters Key Market in The Gambia
The Firm Fajara Chambers For more than 25 years, the firm – led by Managing Partners Ann Rivington and Malick F. M’bai, along with a staff of 11 professionals – has operated as a full-service law firm with industry competence in litigation, general business law, telecommunications, real estate, banking and tourism. Fajara Chambers has also been […]
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