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.
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.
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.
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.
The right to recover VAT beyond the annual year limit is also applicable in the event of non-payment of the consideration, in whole or in part, by the customer, starting from the date on which the latter is subject to an insolvency procedure or from the date of the decree that approves a debt restructuring agreement or from the date of publication in the register of companies of a certified plan.
"Plastic Tax" has been officially postponed to January 2022 by the Decree-Law "Sostegni bis".
Benefit Corporations, the Italian discipline on Benefit Corporations does not provide for exceptions to the general rules on corporate law, but introduces specific requirements that the Benefit Corporations must comply with.
With the Questioning no. 314 of April 30, 2021, the Revenue Agency provides clarifications regarding the tax treatment applicable to the sums paid as reimbursement to smart workers, stating that the sums paid by the employer to its employees, in order to reimburse the costs incurred from the same in carrying out their working activity, do not constitute income for workers, when they can be considered as expenses faced in the exclusive interest of the employer himself and on condition that they are identified on the basis of objective elements.
On May 25th, 2021, has been published in the Italian Official Gazette the law decree “Sostegni bis” (“Decree-law on urgent measures for the support of companies, work and professions, for liquidity, health and territorial services, connected to the emergency from COVID-19”), which entered into force on the following day, on May 26th, 2021.
On 18 and 19 March 2021, five legislative acts implementing the Law reforming sport were published in the Italian Official Journal (Law 8 August 2019, n. 86).