Published in the Official Journal of the European Union on 9 June 2023 the first European Regulation aimed at harmonising the regulation of crypto-assets among Member States (Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on crypto-asset markets and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937).
On the 1st of June 2023, Consob published the "Regulations on crowdfunding services", adopted by Resolution No. 22720, following the public consultation held in March 2023.
The new unitary patent system opens for business on 1 June 2023, when the International Agreement on the Unified Patent Court (UPC) enters into force.
During session No. 35 of May 23rd, 2023, the Italian Council of Ministers approved, among others, urgent measures to address the emergency caused by the flooding events that occurred as of May 1st, 2023, as well as in the energy sector, which will be included in a Decree Law whose final text is currently being finalized and will soon be published.
On 16 May 2023, EU Regulation 2023/956 was published in the Official Journal of the European Union, establishing a carbon border adjustment mechanism (CBAM).
On 20 May 2023 the Law on Fair Compensation (Law No. 49 of 21 April 2023, published in the Official Gazette General Series No. 104 of 5/5/23) will come into force, with major impacts on professionals and companies, both in terms of costs (for the companies concerned) and in terms of contractual relations between the parties and the instruments of protection for the professionals involved.
With the reply to ruling No. 283, dated April 4, 2023, the Italian tax authorities commented on the possibility or not to configure triangular exports exempt from VAT with right to deduct according to Article 8, paragraph 1, letter a), Presidential Decree No. 633/1972, in an articulated case presented by the applicant Alfa, a company incorporated under the Italian law mainly involved in the engineering of installations (or parts of installations) located in EU and non-EU countries.
The Tax Court of First Instance of Trieste in Judgment No. 81 filed on April 11, 2023 ruled for the first time, as part of a dispute on the annulment of the notice for the exercise of the option under Article 121 of Decree-Law No. 34/2020 (so-called "Relaunch Decree").
By means of Ruling No. 314 of 8 May 2023 (“Ruling No. 314/2023”), the Italian tax authorities provided important clarifications on the VAT treatment of transactions between an Italian branch (hereinafter also “Applicant”) and another branch of the same legal entity, established in the United Kingdom (“UK”) and participating in a VAT Group set up therein.
The Court of Padua recently ruled (3/3/23), in a case in which, in the context of a logistics contract, the forklift drivers employed by the contractor used, for the performance of the contracted activities, some tools owned by the client.