Cross-border VAT exemption regime
With the provision of the Italian Tax Agency no. 460166 of 30.12.2024, the methods and deadlines for submitting the preventive communication that taxable companies established in the territory of the State are required to transmit for access to the cross-border VAT exemption regime have been identified. To access the regime, the national taxable person who wishes to apply the exemption in one or more EU member states must meet certain conditions regarding turnover and submit the communication regarding the application of the exemption. It is noted that the exemption regime is the regime under which taxable companies established in the EU, having a turnover not exceeding certain thresholds, do not charge VAT and do not have the right to deduct the tax. Following the communication of the request for access, the operator is admitted to the regime with the attribution, by the Italian Tax Agency, of the so-called “EX identification number,” consisting of the VAT number followed by the suffix “EX.”
Obligation to compensate the owners of the assets covered by the catastrophic insurance policy
On May 6, the Environment Committee of the Chamber of Deputies approved several amendments regarding the obligation to take out insurance for catastrophic events. Among these, one concerns the controversial provision that requires the entrepreneur to insure the assets indicated in Article 2424, paragraph 1, section Active, item B-II, numbers 1), 2), and 3) of the civil code, “used for the exercise of business activity in any capacity” (Article 1-bis paragraph 2 of DL 155/2024). This amendment definitively clarifies that the entrepreneur who uses leased assets must deal with the insurance policies, unless that responsibility has already been assumed by another party. Additionally, the cited amendment specified that the tenant entrepreneur who has taken out the policy, in the event of damage incurred due to a catastrophic event, must pay the compensation received from the insurance to the property owner. The latter is obligated to use the amounts received for the restoration of the damaged or destroyed property, or to restore their functionality. If the owner does not use the compensation for such purposes, the tenant entrepreneur is entitled to receive an amount equivalent to the lost profits for the period during which business activity was interrupted due to the catastrophic event, up to a maximum of 40% of the compensation received by the owner.
Active unforeseen events declared in the tax year in which the ruling recognizes the credit or disclaims the debt
The ordinance n. 13361 of May 20, 2025, of the Court of Cassation, relating to an appeal by the Italian Tax Agency against Carmelo Montinaro, stated in which tax year active unforeseen events resulting from the recognition of credit or disallowance of debt must be declared. The dispute originated from a tax assessment notice regarding Montinaro’s income in two companies, resulting from an adjustment of the income of the parent company for the failure to declare active unforeseen events. Among the grounds for the appeal, the Italian Tax Agency contested the violation of Articles 109 of the TUIR and 2697 of the Civil Code concerning the allocation of the positive component to income. The Court accepted the reasoning, specifying that active unforeseen events must be declared in the tax year in which the ruling affirming the credit or disallowing the debt was filed, provided that the executive effectiveness of the ruling has not been suspended. Finally, the Court annulled the contested ruling and rejected Montinaro’s original appeal.
Interest-free financing to the subsidiary not allowed without proof of agreements
The interest-free nature of financing in favor of a subsidiary cannot be proven simply through an undated letter. As established by Article 46 of the Tuir, the presumption of onerousness is valid and “can only be excluded in the presence of positive proof of the inclusion in the loans of agreements expressly exempting the borrower from the obligation to pay interest.” These references were utilized by the Second Degree Tax Justice Court of Friuli Venezia Giulia, which, in ruling No. 60/3 of February 14, rejected the taxpayer’s appeal, siding with the Italian Tax Agency regarding the lack of registration in the financial statements of active interests. The tax court emphasized that the absence of onerousness can only be demonstrated in the presence of specific evidence, highlighting that the letters submitted, lacking certain dates, were deemed too vague to support the claim of non-onerous financing.
Simplifications in sight for the Global Minimum Tax
On May 6th, the EU published Council Directive 872/2025, known as DAC 9, which amends Directive 2011/16/EU regarding administrative cooperation in the tax field. The primary objective of the EU legislator is to centralize and simplify the reporting obligations related to the Global Minimum Tax (GMT), avoiding duplications and improving the efficiency of tax control across Europe. In particular, the competent authorities of the Member States, upon receiving the safe harbor tax return from the parent entity or designated entity, are required to exchange information automatically among themselves. The exchanged information will pertain to the general section of the return and will be sent both to the Member State implementing the GMT and to the Member States applying the qualified domestic minimum tax (QDT). Article 2 of the directive states that Member States must adopt the necessary legislative provisions by December 31, 2025, with application starting from January 1, 2026. The first submission of the consolidated return is expected by June 30, 2026.
Extension of amounts registered for collection
Amounts entrusted to the Italian Tax Agency – Collection can be extended regardless of their nature, whether tax-related, contributory, or of another type, and regardless of the origin of the charge, whether it is a collection or a payment notice. The extension is governed by Article 19 of Presidential Decree 602/73, modified by Legislative Decree 29.7.2024 n. 1102 following Law 9.8.2023 n. 111. The new regulations, applicable to applications submitted from 1.1.2025, provide for a maximum of 120 monthly installments based on the debtor’s difficulties. Ministerial Decree 27.12.2024 establishes access criteria for individuals and companies, based respectively on the ISEE model and the liquidity index calculation. Each installment may have a minimum amount of 50.00 euros, with the possibility of increasing variable installments based on the specific case.
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