Through the Order No. 16917/2021, the Court of Cassation, Labour Section, has dealt with the matter of the validity of the second-level collective agreement and the waiver, provided for therein, of part of the indemnity in lieu of notice of a group of employees involved in a procedure of collective dismissal.
With the reply to ruling no. 509 dated 26 July 2021, the Italian tax authorities provided clarifications on the deductibility of VAT in case of importations of goods not owned by the importer (on this topic, see also our previous newsalert dated 27 October 2020).
by the entry into force of Decree-Law no. 105/2021, published in the Italian Official Gazette on July 23rd 2021, the state of emergency provided for by Article 26, paragraph 2 bis of Decree-Law no. 18/20 has been extended once again, providing, with retroactive effect from July 1st 2021 until October 31th 2021 (the date coinciding with the end of the state of emergency, unless further extensions are necessary), the right of frail employees to smart working, provided that the tasks they perform are compatible with this mode.
The law no. 106 of 23 July 2021, entitled “Conversion into law, with amendments, of the decree-law no. 73, containing urgent measures related to the COVID-19 emergency, for businesses, work, young people, health and local services”, has been published with effect from 25 July 2021.
The Ministry of Finance’s Decree dated 21 June 2021 (hereinafter only "the Decree"), defined the rules related to the issuance of e-invoices for the supplies of goods and services carried out with counterparties resident in San Marino.
On June 30th, 2021 the commission for the reform of the Italian tax justice (hereinafter the “Commission”), established on April 14th 2021 with the decree of the Ministry of Justice and Ministry of the Economics and Finance (“MEF”) released the report containing the proposals for a systematic reform of the tax justice (hereinafter “Report”), which represents one of the objectives of the Italian Government within the National Recovery and Resilience Plan.
In Note No. 10962 of July 5th, 2021, the Italian National Labour Inspectorate noted that, since there were no provisions for the extension of previous legal provisions, from July 1st, 2021 frail employees who are absent from work due to their condition of "frailty" will see such absence calculated for the purposes of the “protection period” (so-called “comporto”) and can no longer enjoy the right to carry out smart working.
With judgment no. 15119/2021, the Italian Supreme Court has dealt with collective dismissal and the relevant procedure.
"As EU law currently stands, operators of online platforms do not themselves make a communication to the public of copyright-protected content illegally posted online by users of those platforms unless those operators contribute, beyond merely making those platforms available, to giving access to such content to the public in breach of copyright" - the opinion of the Court of Justice of the European Union.
The Italian Tax Authority, through an official answer to a tax ruling submitted by a “controesodato” taxpayer, confirmed the possibility to benefit by the favorable tax regime for impatriates under article 16, of Legislative Decree 147/2015 for a further five years, i.e. from the year 2021 to the year 2025.