TAX PILLS
Equipment provided to suppliers free of charge does not automatically trigger VAT
A business makes moulds and equipment available to its supplier free of charge to manufacture the components it needs. Whether VAT applies depends on the purpose of the arrangement and
For Intercompany costs a contract alone is not enough
Are an intercompany services agreement and duly recorded invoices sufficient to support a tax deduction? The recipient must be able to demonstrate which services were actually provided and how the
Tax Control Framework Certification: new CNDCEC operational Guidelines
The new Operational Guidelines issued by Italy’s National Council of Chartered Accountants and Accounting Experts (CNDCEC) provide further guidance on the certification of the Tax Control Framework (TCF), the system
Reasonable duration of tax proceedings and taxpayer protection
Tax proceedings must also comply with the reasonable-time requirement where they concern penalties that are criminal in substance because they are intended to deter and punish tax infringements. In its
Triangular VAT transactions and the limits of late invoice corrections
In intra-Community triangular transactions, failure to include the wording “reverse charge” on the invoice precludes the application of the simplification scheme. Adding that wording years later does not allow the
Tax credit set-off and limits on recovery where the compliance certificate is missing or defective
The absence of a compliance certificate (“visto di conformità”), or an irregularity in its issuance, does not automatically justify recovery of the tax credit used by way of set-off or
IMU exemption for properties granted on loan for use between Non-Commercial Entities
The IMU exemption may also apply where a non-commercial entity grants a property free of charge to another non-profit entity for the purpose of carrying out qualifying activities on a
Family Asset Funds and Tax Liabilities Arising from Business Activities
A mortgage lien may be registered over assets contributed to a family asset fund (fondo patrimoniale) even where the underlying tax liability arises from the business or professional activities of
Transparent Foreign Trusts and the Determination of Income Attributable to Italian-Resident Beneficiaries
Income attributed to an Italian-resident beneficiary of a transparent foreign trust must be determined in accordance with the tax rules of the jurisdiction in which the trust is resident or
VAT triangular transactions and attribution of Intra-EU transport
In chain transactions, the mere physical removal of goods from the Member State of departure is not, in itself, sufficient to ensure that the first supply qualifies for VAT exemption.
Limits on the VAT Exclusion for the Transfer of a Business by Gift to Multiple Beneficiaries
The transfer of a business, free of charge and in equal shares to two beneficiaries, does not necessarily qualify as a transfer of a totality of assets falling outside the scope of
Registration Tax & Share capital increase paid up by way of set-off
A share capital increase paid up by setting off receivables owed to shareholders is subject to registration tax at a rate of 0.5%, rather than merely to the fixed registration
