Once again, with the recent Ordinance No. 10356 of 20 April 2021, the Joined Sections ruled the cross-border insolvency, in particular facing the jurisdiction matter.
Author: PwC TLS
Decree Law “Semplificazioni bis” – Part II
The Council of Ministers has introduced, within the national regulatory framework contained in Decree Law no. 77 of 31 May 2021 (so called “Semplificazioni bis”), a package of provisions dedicated to the procedures for the award of works, services and supplies carried out pursuant to Legislative Decree no. 50 of 18 April 2016 (“Public Procurement Code”), in order to simplify and facilitate the achievement of the objectives contained in the National Recovery and Resilience Plan (“NRRP”).
No VAT fixed establishment without staff
A fixed establishment for VAT purposes must have a structure endowed with both human and technical resources. This is, in a nutshell, the conclusion reached by the Court of Justice of the European Union in its decision in Case C-931/19 (Titanium) of 3 June 2021.
Free economic initiative and environmental protection: the constitutional bill
On June 9th, 2021, the Italian Senate approved the constitutional bill resulting from the unification of a series of reform initiatives. These ones were unambiguous in establishing environmental recognition in the initial part of the Constitution.
“Direct” VAT refund also applicable to EU taxable persons registered for VAT purposes in Italy
The Italian Revenue Agency has allowed taxable persons not resident in Italy but in another Member State of the European Union (EU), which have appointed a tax representative in Italy or are directly registered for VAT purposes therein, the right to make use of the so-called “direct” refund procedure of input VAT.
Smart Working and notional salary application
Restrictive clarification arrived from the Tax Authority on the possibility of applying notional salaries to employees who work in the so-called "smart working" mode.
Conversion into law of the “Support Decree”
Decree-Law no. 41 of 22 March 2021, concerning “Urgent measures in support of enterprises and economic operators, labour, health and territorial services, connected to the COVID-19 emergency”, and known as Decreto Sostegni 1, was converted into Law no. 69/2021 on 21 May 2021.
Offsetting of VAT credits with other taxes – increase of the threshold to Euro 2 million
According to article 22, no. 1, Law Decree “Sostegni bis”, entered into force starting from 26 May 2021, for the year 2021, the threshold to offset tax credits (including VAT) with other taxes or social contributions.
The tax credit provided by the double taxation treaties is due even after the application of the mother-daughter Directive
On May 20th, 2021 the Supreme Court issued the ruling n. 13848, recognizing that the exemption from withholding tax (provided by the mother-daughter) of dividends distributed by an Italian subsidiary to the French parent company does not preclude the latter its right to request, even ex post, the refund of the tax credit.
Sugar Tax – Implementing provisions published in the Official Gazette
In the Official Gazette no. 125 of May 27, 2021, the Decree of May 12, 2021 of the Ministry of Economy and Finance, implementing the Sugar Tax, was published. The tax is expected to come into force on January 1, 2022.