First Supreme Court decision on the administrative liability (Legislative Decree no. 231/2001) for tax crimes 

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.

Transfer Pricing: The Italian Revenue Agency published the Circular Letter no. 16/E (the “Circular”) providing clarifications for a proper interpretation of “the arm’s length range” concept

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.

European Commission’s Directive proposal on implementing Pillar Two 15% minimum effective tax rate in the EU – Poland blocks EU adoption

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 transition also runs through public authorities: let’s take stock of the situation

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.

VAT refunds ex Article 38-ter, Presidential Decree 633/1972, always precluded for VAT credits arising from imports?

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.

New form to self-declare the monitoring of state aids under the Temporary Framework scheme

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.

Obligation of electronic invoicing extended to minor taxpayers and amateur sports associations

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.