Plastic Tax and Sugar Tax – Postponement to July 1, 2024, with the Budget law for 2024

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 ”).

R&D, Innovation and Design tax credit: issued the decree to obtain the preventive certification of eligible projects

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.

Revirement of the Supreme Court: the 10% surcharge on remuneration paid in the form of bonuses and stock options to executives in the financial sector also applies to persons not directly belonging to the sector

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”.

Employees’ Safety Representative (so called “RLS”): Supreme Court upholds employee’s manslaughter conviction

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.

Clarifications by the Italian tax authorities regarding the person entitled to issue credit notes in the case of subrogation according to Article 1916 of the Italian Civil Code

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.

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

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…

Limits to the right of VAT deduction in the case of late ‘viewing’ of electronic purchase invoices

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”.