Edited by Davide Accorsi, Pier Francesco Berardinelli
Through its recent judgment no. 3346 of February 14, 2026, the Court of Cassation (“Corte di Cassazione”) addressed a matter of significant practical interest concerning the relationship between voluntary disclosure (so called “ravvedimento operoso”) and the right to a refund of amounts paid by the taxpayers. In particular, the Court recognized the possibility of obtaining a refund of VAT and interest unduly paid, while ruling that the restitution of penalties is precluded.
The case originated from a VAT refund application that was initially accepted and paid out by the Italian Tax Authorities. Subsequently, however, the Revenue Agency informed the taxpayer that the conditions for the refund already made were allegedly not met.
In light of this communication and as a precautionary measure, the taxpayer returned the amount received as a refund, paying VAT, interest, and reduced penalties through the voluntary disclosure procedure under Art. 13 of Legislative Decree no. 472/1997. Then, the taxpayer submitted a new refund request for the amounts paid through the voluntary disclosure, which was denied by the Tax Authorities. The Tax Court of First and Second Instance of Bolzano upheld the taxpayer’s arguments, recognizing the right to a refund of all amounts paid.
In its reasoning, the Court of Cassation first reiterated that simply paying the reduced penalty is not sufficient for the purposes of completing the voluntary disclosure procedure. In fact, it is necessary for this payment to be made at the same time as the regularization of the VAT payment, as well as the relevant interest, in accordance with Art. 13(2) of Legislative Decree no. 472/1997.
With regard to penalties, the Court confirmed that their payment through the voluntary disclosure procedure constitutes an impediment to reimbursement. In fact, in the Court’s opinion, the taxpayer’s decision to use the voluntary disclosure procedure constitutes a declaration of intent, implies recognition of the violation, and precludes the possibility of requesting a refund of the penalties. Any request for reimbursement is therefore inadmissible, as the lack of guilt pursuant to Art. 5 of Legislative Decree no. 472/1997 or the objective conditions of uncertainty under Art. 10 of Law no. 212/2000 cannot be invoked. The only exception allowed concerns cases of essential and recognizable formal errors pursuant to Art. 1428 of the Civil Code.
Conversely, the reimbursement of VAT and interests is admissible. In fact, according to the Court, the payment of VAT constitutes a mere declaration of knowledge, which can be modified. Furthermore, the payment of VAT cannot be considered spontaneous – as it constitutes a required condition for the completion of the voluntary disclosure procedure itself – and does not constitute acceptance to the tax claim. It follows that the voluntary disclosure, concerning only penalties, cannot constitute an obstacle to the refund of VAT and interest unduly paid.
In a nutshell, the principle affirmed by the Court of Cassation can be summarized as follows:
- Penalties: once the voluntary disclosure procedure has been completed, the reduced penalties paid are not refundable to the taxpayer;
- VAT and interest: the refund of tax and interest unduly paid during the voluntary disclosure procedure is, on the other hand, admissible.
This conclusion is particularly important in practice for taxpayers who, despite having prudently adhered to the voluntary disclosure procedure, subsequently intend to challenge the basis of the tax claim, reserving the right to obtain a refund of the tax and interest paid.
Let’s Talk
For a deeper discussion: