The European Commission drafted a proposal to amend the Regulation (EU) 2023/956, with the aim of simplifying and strengthening the Carbon Border Adjustment Mechanism (CBAM). This initiative intends to reduce the administrative burdens for stakeholders, particularly for small and medium enterprises (SMEs), while maintaining the environmental objectives of the CBAM. The proposal is based on the experience gained in the implementation of the CBAM Regulation since October 1, 2023, during the transitional phase.
Category: Newsalert
Effect of final criminal judgments in tax litigation – Joint Chambers Supreme Court to rule
The Supreme Court, with ruling no. 5714, filed on March 4, 2025, once again addresses the issue of the effects of a final criminal acquittal judgment for tax crimes, in light of the new Article 21-bis of Legislative Decree no. 74 of 2000, introduced by Legislative Decree no. 87 of June 14, 2024.
Proof of VAT Exemption for exports
Starting from December 2, 2024, the Italian Customs Authorities, as part of the reengineering project for the customs clearance system for exports, has implemented new electronic formats for transmitting export customs declarations.
VAT exemption on imports of goods used in examination, analysis or tests
With the Ruling no. 19 of February 3, 2025, the Italian tax authorities confirmed that the VAT exemption regime is applicable to goods imported in Italy for examination, analysis or testing, even though there is no formal implementation of the EU Directive (i.e. 2009/132/CE) in the Italian law.
Plafond not allowed for goods with limited VAT deduction – Supreme Court ruling
According to the Supreme Court (Case Law no. 15679/2024), the VAT exemption regime provided for by art. 8, paragraph 1, letter c), Presidential Decree no. 633/1972, for the supply of motor vehicles to “usual exporters” within the limits of the available plafond can be legitimately applied by the supplier only if the latter is able to prove the client's right to fully deduct the input VAT.
Italian Groups with Presence in the United States: Risk of Doubling of Tax Rates
Italian Groups with Presence in the United States: Risk of Doubling of Tax Rates.
The latest clarifications on the VAT relevance of the TP adjustments
Confirming a consolidated orientation and in line with the guiding principles dictated by the EU legislation, the Financial Administration has confirmed the irrelevance for VAT purposes of such adjustments where they are aimed at ‘rectifying’ the operating margin of the counterparty company in accordance with the principle of free competition.
Counterfeiting of medicinal products: new rules soon to apply in Italy
Counterfeiting of medicinal products: new rules soon to apply in Italy.
New document type “TD29” for communication of the “spy self-invoice” to Italian Tax Authorities
New document type "TD29" for the communication of the so-called “spy self-invoice” to the Italian Tax Authorities
Withholding tax on dividends to US corporation: Italian Tax Court orders reimbursement under EU law
With a recent judgment, the Tax Court of First Instance of Pescara ruled that withholding tax applied on Italian-source dividends distributed to a US corporation, to the extent that they exceed the reduced rate of 1.2%, are contrary to the principle of free movement of capital established by art. 63 of the Treaty on the Functioning of the European Union (TFEU) and must be reimbursed accordingly.