Exemption from excise duties on fuels in pleasure boating: the ruling of the Court of Justice

With sentence no. C-341/20 of 16 September 2021, the Court of Justice ruled on the legitimacy of the exemption from excise duty on fuels granted by the Italian legislator to operators in the pleasure boating sector engaged in the rental of their boats for recreational purposes. With this ruling, the judges rejected the facilitation provided by the internal provisions with consequences that, prospectively, can be significant for the nautical charter sector.

Draft of Italian Legislative Decree transposing Directive (EU) 2019/1151 of the European Parliament and of the Council: the digital company law reform is in a rush

The draft of the Legislative Decree transposing the Directive EU 2019/1151, which amends the Directive EU 2017/1132 – also proving for equivalent protection standards of the interests of shareholders and third parties in capital companies, for example in relation to incorporation and disclosure requirements as well as cross-border mergers and demergers – is now under review by the parliamentary committees.

Factual assessment in criminal proceedings bind the tax courts (Supreme Court, order n. 25632/2021)

On 22nd of September last, Italian Supreme Court ruled on the binding nature of a criminal judgement of acquittal in tax proceedings concerning the same facts (order no. 25632/2021), highlighting two important and closely connected issues: on the one hand, the fact that an external judgment is not subject to any procedural preclusion; on the other hand, more generally, the fact that the assessment on the same facts made in criminal proceedings is binding on the tax judge’s decision.

Settlement agreement procedure to solve Business Crisis Practical guidelines provided by Ministry of Justice Decree

New Settlement Agreement Procedure, aimed at avoiding the effects of the post-pandemic crisis, can be applied starting from 15 November 2021 and can be accessed by commercial and agricultural entrepreneurs registered in the Companies’ Register who are in a situation of economic-financial imbalance for which the recovery of the company is reasonably pursuable.

The transfer of inventory existing in Italy as part of a transfer of going concern carried out abroad is an autonomous supply of goods for VAT purposes

With the reply to ruling no. 637, dated 30 September 2021, the Italian tax authorities provided clarifications on the correct treatment applicable for VAT and registration tax purposes to the transfer of inventory existing in Italy included in a wider transfer of going concern carried out abroad.

The GSE S.p.A.’s observations in relation to the PPAs development in the transposition of the RED II Directive

On 23 September 2021, the Gestore dei servizi energetici - GSE S.p.A. (“GSE”) submitted to the Senate (10th Commission on Industry, Commerce, Tourism and 13th Commission on Territory, Environment, Environmental Assets) its observations on the draft Legislative Decree (currently subject to parliamentary examination) implementing EU Directive no. 2018/2001 (“RED II” Directive).