As provided by the Act no. 29534/2024 of 15 July 2024, the Italian Tax Authorities are sending several “compliance letters” to the taxpayers.
Category: Newsalert
Legislative Decree No. 87/2024 – News related to the tax penalty regime – focus on exports and intra-EU sales
On June 29, 2024, the Legislative Decree No. 87/2024 regarding the revision of the tax penalty regime came into effect pursuant to the art. 20 of the Law No. 111 dated August 9, 2023.
Global Minimum Tax: outlined the implementing provisions of the Domestic Minimum Top-up Tax
On July 9, 2024, the decree of the Deputy Minister of Economy and Finance dated July 1, 2024 (hereinafter referred to as the "Decree") was published in the Official Gazette. This decree contains the implementing provisions regarding the so-called "national minimum tax" (or "Domestic Minimum Top-up Tax" according to OECD terminology) provided for by Article 18 of Legislative Decree 209/2023, implementing the OECD agreement on the global minimum taxation of multinational enterprises (Pillar 2) and Council Directive (EU) 2022/2523 of December 15, 2022, aimed at ensuring a global minimum level of taxation for multinational enterprise groups and large-scale national groups in the Union (Pillar 2 Directive).
Guidelines for obtaining the technical certification of the tax credit for R&D, Innovation and Design
With the Directorial Decree of 4 July 2024, MIMIT approved the “Guidelines” for Certification pursuant to art. 23, paragraphs 2 to 5 of Legislative Decree no. 73/2022 and art. 3, paragraph 5 of Prime Ministerial Decree 15 September 2023, relating to the criteria to be followed for the qualification and validation of investments made (or to be made) for the purposes of their classification within the scope of Research and Development, Technological Innovation, Design and Aesthetic Ideation activities eligible for the tax credit pursuant to art. 1, paragraphs 198-208 of Law no. 160/2019 (for the tax periods 2020 onwards) and within the scope of Research and Development activities pursuant to art. 3 of Legislative Decree no. 145/2013 (for the tax periods 2015-2019). With the publication of the guidelines, therefore, the regulatory process ends and the technical certifiers registered in the specific Register held by MIMIT will be able, starting from July 8, to send the Certification Models requested by the Companies to the dedicated platform.
Centralised clearance for import from July 1, 2024 – Commission Implementing Decision (EU) n. 2023/2879
The Commission implementing Decision (EU) n. 2023/2879, dated December 15, 2023, provides the implementation of the first phase of the centralised clearance procedure regime for import, according to the Article 179 of the Union Customs Code (hereinafter also “UCC”), starting from July 1, 2024.
Influencers must, like agents and sales representatives, pay all required social security contributions regularly
Following an inspection, a company operating in the sector of online sales of food supplements was charged with the existence of contractual relationships falling under the provisions of Article 1742 of the Italian Civil Code, dedicated to the notion of agency contracts, with reference to contractual relationships of various kinds existing between the company and subjects such as influencers, marketing consultants and research consultants. The inspection activity took the form of a notice of ascertainment that the company owed sums by way of contributions and penalties relating to said employment relationships, which should have been correctly classified as agency contracts.
Bank of Italy: rules for repayments of unauthorized transactions
On June 17th, 2024, the Bank of Italy published a communication "on unauthorized payment transaction repudiation", warning payment service providers ("PSPs") to comply with regulations and act fairly towards customers.
Alternative proofs related to export sales: the so-called “manifesto di carico” – Supreme Court Judgment No. 6584 of March 12, 2024
The Italian Supreme Court, with judgment no. 6584 dated March 12, 2024, stated that the so-called “manifesto di carico”, endorsed by the customs office of exit, is a valid alternative proof of the export sale, allowing the application of the VAT exemption regime on the basis of the Article 8, paragraph 1, letter b) of the Italian Presidential Decree no. 633/1972 (i.e., "indirect" export sales - with transport carried out by or on behalf of the foreign purchaser).
Circular Letter no. 17 published on the Italian Customs Authorities’ website on May 31, 2024
The Italian Customs Authorities, with the Circular Letter no. 17, dated May 31, 2024, released clarification, under an excise duties point of view, related to the battery energy storage system (i.e. “BESS”), with particular reference to the obligation to submit a specific request for the activities’ start and the obtaining of a license.
First implementation of the administrative and tax breaks provided for investments in Simplified Logistics Zones (“SLZ”)
Law 27 December 2017, n. 205, article 1, par 61 et seq., provides for the possibility of establishing Simplified Logistics Zones (SLZ) in the port areas of the more developed regions, as identified by European legislation, in order to encourage the creation of conditions favorable to the development of new investments.