Author: katiamarchioro

A new "inbound workers regime": tightening of access requirements and scope of application of the tax benefit.

The 2020 budget law (n. 160/2019) introduced two new consumption taxes under the responsibility of the Customs and Monopolies Authority: the tax on the consumption of plastic products with single use or " MACSI ”(known as the“ Plastic Tax ”) and the tax on the consumption of sweetened beverages (known as the“ Sugar Tax ”).

On 14 September was issued, and it is in course of registration at the Court of Auditors, the Prime Ministerial Decree which implements the regulations introduced by the art. 23 of the legislative decree 21 June 2022, n. 73, to encourage the application in conditions of operational certainty of the tax credits provided for by article 1, paragraphs 198 et seq., law 160/2019.

The recent revirement of the Supreme Court concerning the scope of application of the special tax regime provided for by Article 33 of Decree-Law No. 78/2010 arouses few perplexities, insofar as it affirmed "the general referability of the additional tax 'to the financial sector understood in its entirety and complexity, so as to also include entities that are not necessarily subject to supervision and/or that carry out activities aimed at the public, given the socio-economic reason for an intervention aimed at including all those players that, being active on the financial scene, are able, directly or indirectly, to induce prejudicial torsions due to the effect of abnormal remuneration incentives”.

Article 16-bis of Decree-Law No. 17 of 1 March 2022 (converted, with amendments, by Law No. 34 of 27 April 2022) introduces an incentive mechanism, better known as 'energy release', aimed at ensuring the full integration and medium-term remuneration of investments in renewable sources in the electricity market.

The Criminal Court of Cassation, in the decision no. 38914 of June 27, 2023, and filed on September 25, 2023, upheld the decision of the Bari Court of Appeal that had found the Employer and the Employees' Safety Representative guilty of the crime of manslaughter resulting from the violation of regulations on the protection of health and safety in the workplace.

By means of Ruling no. 427, dated September 11, 2023 (“Ruling No. 427/2023”) the Italian tax authorities provided important clarifications regarding the issuance of credit notes pursuant to Article 26, Presidential Decree No. 633/1972 in the event that the credit claimed by the policyholder/provider has been indemnified by an insurance company with the consequent subrogation pursuant to Article 1916 of the Italian Civil Code.

On 5 October 2023, the European Securities and Markets Authority (ESMA) launched the second public consultation under the so-called. MICA Regulation (Market in Crypto-Assets Regulation) i.e. Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on Markets in Crypto-assets.

Prepared by Lorenzo Ontano, Marta Marrapodi and Silvia Sciortino As of August 2022, the Italian Customs Authority, released a set of notes as part of the re-engineering project of the applications for the electronic management of export declarations. The new…

Read More Digitalization of customs bill of export, new features and timing for activation

With the Ruling reply no. 435/2023, the Italian tax authorities provided clarifications on the VAT deduction in the case of late “downloading” of electronic invoices sent by the Interchange data system of the Italian tax authorities (“SdI”) into the so called “put on disposal” area of the tax portal “Fatture&Corrispettivi”.