Online platforms at the center of the new European customs obligations
The European Union has launched a major overhaul of its customs rules in response to the rapid growth of e-commerce and the increasing volume of imports from non-EU countries. The main change concerns the role of digital platforms, which are expected to become the entities responsible for import operations. As a result, these platforms will be required to pay customs duties, verify that products comply with European regulations, and ensure adherence to all legal obligations. In cases of non-compliance, platforms may be held directly liable and face significant financial penalties. The reform also introduces enhanced shipment monitoring and traceability tools, with the aim of combating fraud and unfair competition. For consumers and businesses, the new framework promises a more transparent and secure system, while e-commerce operators will need to adapt their procedures and processes to meet these new responsibilities.
Off-the-book profits: rules clarified for closely held companies
Legislative Decree 148/2026 introduces a comprehensive framework governing the presumption that off-the-books profits have been distributed in closely held companies, incorporating a well-established line of case law. The provision states that the presumption may apply only where there is clear and precise evidence of undeclared revenue or non-existent costs. This limits the use of assessments that do not give rise to actual hidden financial resources, such as costs that are real but not tax-deductible. Another significant aspect concerns the tax treatment of presumed profits, which follows the rules applicable to dividends rather than those of tax transparency. The new rules apply regardless of the nature of the shareholders, whether individuals or companies. For businesses and professionals, this measure increases legal certainty and defines more precisely the cases in which the tax authorities may challenge the hidden distribution of profits to shareholders.
New rules for the deductibility of meal and accommodation expenses for professionals
In 2026, the changes introduced by Legislative Decree 192/2024 on the taxation of self-employed work come into full effect, with a particular impact on meal and accommodation expenses. The legislation confirms that these costs are deductible at 75%, up to a cap of 2% of fees received, but eliminates the previous exception that allowed full deduction of expenses itemized and re-charged to the client. At the same time, itemized reimbursements of expenses incurred for the engagement no longer count towards the professional’s taxable income. If the client does not reimburse the expenses, they remain deductible within the ordinary limits set by the legislation. The new rules require particular care when completing the tax return and managing the documentation of professional expenses. It also remains essential to use traceable payment methods in order to benefit from certain specific tax relief provided under current rules.
Corporate oversight: a risk-based approach for the board of statutory auditors
The amendments introduced by Legislative Decree 47/2026 strengthen the role of the board of statutory auditors, expressly extending its oversight activity to the internal control system and risk management. In this context, the planning of audits takes on strategic importance and must be built on a “risk-based” approach, calibrated to the specific characteristics and risks of the company. It is therefore not enough to schedule the periodic meetings required by law; the most exposed areas must be identified and targeted, proportionate and documented controls defined. The areas to be monitored include financial stability, related-party transactions, the management of IT systems and the effectiveness of internal control safeguards. The board of statutory auditors is called upon to verify the adequacy and actual functioning of these arrangements, without taking the place of directors in managing risks.
Shareholders’ meetings: how remote participation is changing
As of 1 October 2026, the temporary derogations introduced during the Covid-19 emergency for holding company shareholders’ meetings by electronic means have ended. Companies must therefore refer to the ordinary rules set out in current legislation. For limited liability companies (Srl), it remains possible to hold meetings entirely remotely even in the absence of a specific provision in the articles of association, whereas for joint-stock companies (Spa) a clause expressly authorizing the use of telecommunication tools is generally required. In certain situations, such as universal meetings, joint-stock companies may nonetheless convene via audio and video links. The legislation also clarifies the role of the chair and the secretary of the meeting and defines the operating conditions for the validity of remote meetings. Companies are therefore called upon to review the adequacy of their articles of association and internal procedures, in order to ensure compliant and efficient management of meetings in the current digital environment.
Non-existent transactions: greater protection for taxpayers in tax assessments
In two rulings, nos. 895 and 896 of April 2026, the Regional Tax Court of Second Instance of Lombardy reaffirmed important principles on the challenging of objectively non-existent transactions, strengthening the safeguards available to taxpayers. According to the judges, the tax authorities cannot confine themselves to alleging irregularities on the part of suppliers, but must demonstrate with concrete evidence that the taxpayer was aware of taking part in a possible fraudulent scheme. The existence of contracts, traceable payments, technical documentation and links to the company’s business activity constitutes a relevant element in support of the genuineness of the transactions. Particular attention is also paid to the duty to state reasons in assessment notices, which must contain precise references consistent with the facts alleged. An act lacking in this respect may be unlawful because it prevents the taxpayer from fully exercising the right of defence. The decisions therefore confirm that the authorities must base their challenges on specific and properly reasoned evidence, especially in cases of alleged tax fraud.
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