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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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Andersen Global Presence Spreads in Spain
Andersen Global announced today the expansion of its presence in Spain with the addition of a new collaborating firm, Perez Moreno Abogados, located in Seville. The addition will be the sixth location for Andersen Global in the country of Spain and second in Seville. The Public and Regulatory Law firm in Andalucía has five lawyers […]
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Andersen and Andersen Debut in Greece and Cyprus
The emergence of the Andersen name continues throughout Europe with the news that Andersen Global collaborating firms, Unity Four and Pistiolis-Triantafyllos & Associates, will become full member firms of the international association and adopt the Andersen name in Greece and Cyprus. Andersen in Greece and Andersen in Cyprus, both formerly named Unity Four, serve local […]
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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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Andersen Global Expands Brazil Presence; Adds Collaborating Firm in Brazil
Andersen Global today announced a collaboration agreement with Albieri e Associados, a tax and accounting firm based in São Paulo, Brazil. Andersen Global now has six locations in Brazil through its member and collaborating firms. Albieri e Associados is a premier business consulting firm in São Paulo. Its team of professionals brings decades of experience […]
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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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Andersen Global Enters Qatar
Andersen Global today announced a collaborating agreement in Qatar with Al-Khalifa Law, a leading Doha-based law firm. The collaboration is Andersen Global’s first in Qatar and is part of the organization’s continued growth in the Middle East. Al-Khalifa Law was founded 20 years ago and established itself as a premier firm in the region. The […]
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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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Criminal liability of board of statutory auditors in case of violation of their legal control duty
The Supreme Court with sentence n. 12186/2019 affirmed that in the event of significant violations by directors, the acquiescence of the board of auditors is considered a contributory negligence in crime of fraudulent bankruptcy of directors. As a matter of fact, the extent of auditors’ control provided by art. 2403 of the civil code cannot […]
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Andersen Global Adds Collaborating Firm in Romania
Andersen Global today announced a collaboration agreement with Țuca Zbârcea & Asociații, a law firm with offices in Bucharest and Cluj-Napoca and its tax arm, Țuca Zbârcea & Asociații Tax. This is the first collaboration agreement in Romania, and continues Andersen Global’s expansion in Eastern Europe. Țuca Zbârcea & Asociații is a full-service independent law […]
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News in trademarks regulation
Starting from March 23th, 2019 comes into force the Legislative Decree that makes several important changes and additions to the Code of industrial property, in implementation of the Harmonization Directive (EU) 2015/2436. In particular, with regards to the trademark filing procedure, the requirement of graphic representation is now abolished, which makes possible registration of non-traditional […]
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VAT number to be closed only after cashing the last invoice
Article 35-bis of the D.P.R. n. 633/1972 provides for the obligation for the heirs to proceed with the closure of the VAT number of the deceased within six months of his death. However, in the presence of invoices to be collected or services not yet invoiced by the tax payer, an exception to the aforementioned […]
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The publishing house Mauri Spagnol acquires 51% of Newton Compton Editori
Andersen in Italy supports the publishing house Mauri Spagnol, GeMS, – 70% controlled by Messaggerie Italiane, during the financial transaction of the 51% of Newton Compton Editori. GeMS will exceed 15 million copies sold per year in various formats thanks to this operation, confirming its second place in the Italian publishing scene and reaching 11.7% […]
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Tax credit for the requalification of hotel facilities
From 10 am on 3 April 2019 until 4 pm on 4 April 2019 it will be possible to apply for the recognition of the tax credit for the redevelopment of hotel facilities with reference to the expenses incurred in 2018. The application must be submitted in electronic form through the Procedures Portal at this […]
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Effect of the corporate transformation on the calculation of the holding period
The article 87 of the Italian Consolidated Tax Code, hereinafter also ICTC, provides the so called “Participation Exemption” which consists in the exemption from Income Tax, for 95% of their amount, of capital gains realized through the sale of corporate shares. The rule is applicable if the following requirements are met: uninterrupted possession of the […]
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