As of January 1, 2022, Law 215/2021 converting Decree Law 146/2021 (so-called "Fiscal" Decree) aligned the national legislation on the VAT exemption for the international transport of goods with what was established in the judgment of the Court of Justice of the European Union of June 29, 2017, Case C-288/16.
Author: PwC TLS
VAT – Transactions treated as exports: vessels used for high sea navigation – Territoriality of the provision of services relating to pleasure vessels
Art. 1, paragraph 708 of the Budget Law 2021 integrated art. 8-bis of Presidential Decree no. 633/1972 with the new paragraph 3 which, for the first time, provides a definition of "vessel used for navigation on the high sea" and of "voyage on the high seas"; paragraph 710 of art. 1 of the Budget Law 2021 introduces a new measure within the pleasure vessels tax rules. In particular, non-taxable users of pleasure vessels must certify the percentage of use, within the EU territory, of the services, not of short-term, of leasing, chartering and similar services of the vessel by filling in box B of the declaration.
2022 Budget Law: what’s new in the area of labour and social security
With Ordinary Supplement no. 49/L, Law no. 234/21 “Budget of State estimates for the financial year 2022 and multi-year budget for the three-year period 2022-2024” was published in the Official Gazette on 31 December 2021.
Prompt recovery of VAT on outstanding receivables towards customers subject to insolvency proceedings – The clarifications provided by Tax Authority with the Circular letter n. 20/E dated 29 December 2021
The Article 18 of Law Decree no. 73 of 25 May 2021 (Urgent measures related to the emergency from COVID-19, for businesses, work, young people, health and local services) amends the art. 26 of the Presidential Decree n. 633/1972 on the recovery of VAT on outstanding receivables towards customers subject to insolvency proceedings.
Extension of the state of emergency and “emergency” labor measures
In force since December 24th, the Decree-Law n. 221 extended the anti-Covid state of emergency until 31 March 2022, as well as numerous provisions aimed at containing the spread of the epidemic that could have negatively impacted the performance of the main social and economic activities. On the other hand, several of the special labour law measures linked to the pandemic, still in force, have not been further extended by the Legislator until now.
GSE announces the next eighth procedure for Registers and Auctions provided for by the RES1 Decree pursuant to Legislative Decree No. 199/2021
Legislative Decree No. 199/2021 concerning the "Implementation of Directive 2018/2001/EU of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources" (the "Decree"), as mentioned in our previous Newsletter, has envisaged new incentive mechanisms, for the regulation and identification of the relevant tariffs it will be necessary to attend subsequent decrees of the Ministry of Energy Transition.
The transposition of RED II Directive into the National Legislation and operating model for the PPA electronic board
The Decree has provided, in art. 28 paragraph 1, that within 180 days from its entry into force the Gestore dei Mercati Energetici - GME S.p.A. ("GME"), in order to ensure a gradual implementation of the PPAs negotiations, will realize an electronic board with the aim of promoting the match between the parties potentially interested in the execution of such agreements.
The measure of suspension of the activity and the recent clarifications of the Italian Labour Inspectorate
Article 13 of Decree-Law no. 146/2021 (the so-called ‘’Fiscal Decree 2021’’) has recently replaced Article 14 of Legislative Decree no. 81/2008 (the so-called ‘’Consolidated Act on Safety at Work’’) with specific reference to the suspension of the business activity due to ascertained irregular work and health and safety violations, specifically intervening in the field of supervision and suspension of the business activity in case of serious violations.
The “reverse charge” mechanism applicable to the sale of electronic products – recent clarifications from the Italian tax authorities
With the reply to the tax ruling no. 643/2021, the Italian tax authorities has provided some clarifications regarding the application of article 17, paragraph 6, letter c), Presidential Decree no. 633/1972.
Clarifications from the Italian tax authorities on some aspects of the special scheme “One Stop Shop” (OSS)
Following the reform of the European Union's VAT rules on distance selling brought with the approval of the so-called “e-commerce package”, a new definition of intra-Community distance sales established their exemption with right to deduct.