The Italian Supreme Court, with the judgement no. 16302, lodged on 28 April 2022, has ruled for the first time in a case regarding the administrative liability of entities (Legislative Decree no. 231/2001) arising from the allegation of tax offenses (Legislative Decree no. 74/2000) in the context of a dispute concerning the fraudulent declaration using invoices or other non-existent documentation.
On May 24, 2022, the Italian Revenue Agency published the Circular Letter no. 16/E containing some key clarifications on the proper interpretation of the “arm’s length range” concept.
On May 11, 2022, approved and published the new regulation on vertical agreements and concerted practices according to Article 101, par. 3, of the Treaty on the Functioning of the European Union.
Today the Council of the European Union (the Council) held the Economic and Financial Affairs Council (ECOFIN) meeting during which Finance Ministers were supposed to publicly discuss the new proposal for a Directive (the text is available here) on ensuring a global minimum level of taxation for multinational groups in the European Union (EU) (the Pillar Two Directive).
The energy efficiency potential, also given the growing need to determine alternatives to gas supply, is at the core of the national public debate and represents one of the pillars of the National Recovery and Resilience Plan (PNRR) in the broader perspective of the ecological transition goals imposed at both European and national level.
With the answer to ruling no. 248 dated 9 May 2022, the Italian tax authorities provided clarifications with reference to VAT refunds in simplified procedure ex Article 38-ter, Presidential Decree 633/1972, applicable for non-resident persons established in non-EU Countries.
On 27 April 2022, the Italian Revenue Agency published the provision no. 143438 defining the terms and conditions for the presentation and the content of the self-declaration in lieu of affidavit in order to verify compliance with the limits and conditions set out in Sections 3.1 and 3.12 of the Temporary Framework ("TF") in relation to State Aid obtained up to 31/12/2021, as well as the terms and conditions for the voluntary repayment of such State Aids in the event that the maximum limits provided have been exceeded.
Law decree no. 36 dated April 30, 2022 (the so-called "PNRR 2") has extended the obligation of electronic invoicing also to the so-called "minor taxpayers" (those who fall under the minimum regime referred to in art. 27, paragraphs 1 and 2, law decree no. 98/2011 and those who apply the flat tax regime referred to in art. 1, paragraphs 54 to 89, Law no. 190/2014) and to amateur sports associations.
The Council and the European Parliament reached a political agreement that represents an important step towards the final approval and implementation of the DSA.
On 6 April 2022, the Italian Council of Ministers approved, on the proposal of the Minister for Economic Development Giancarlo Giorgetti, the draft law amending the Italian Industrial Property Code (I.I.P.C.) issued by Legislative Decree no. 30 of 10 February 2005.