Order no. 14908/2022 of the Italian Supreme Court: customs penalties and proportionality principle

With the Order no. 14908 dated April 13, 2022, filed on May 11, 2022, the Italian Supreme Court ruled that customs penalties, imposed by the Customs Authorities, must be proportionate, in other words commensurate with the gravity of the infringement committed by the taxpayer and not exceeding the limits of what is strictly functional to pursue the legislative intent.

A further case of deduction of VAT on importations of goods not owned by the importer

Allowed the deduction of VAT paid on the importation of “modified genes” not owned by the importer and destined to clinical trials conducted by third parties which, if successfully concluded, will allow the importer to market the relevant drugs obtained

Smart Working: lo stato dell’arte

Nel corso del periodo emergenziale da COVID-19, abbiamo assistito ad alcune significative modifiche -talune transitorie, altre, come vedremo, permanenti- all’istituto del Lavoro agile (o Smart Working).

Smart working: the state-of-the-art

During the emergency period from COVID-19, we have seen some significant changes -some transitional, some, as we will see, permanent- to the Smart Working.

Further clarifications on credit notes in relation to agreement for continuous and periodical supplies in the Answer to the Ruling no. 386 of 2022: confirmations and news

With the Answer to the Ruling no. 386 of last 20 July 2022, the Italian Tax Authorities have analyzed again the principle regulating the credit notes issuance in relation to five cases of customer’s payment default in case of agreement providing continuous and periodic supplies of goods.

The new disclosure obligations at the time of hiring and during the employment relationship pursuant to Legislative Decree 104/2022 so-called “Transparency Decree”

On 29 July 2022, Legislative Decree no. 104/2022 (the so-called “Transparency Decree”) was published in the Italian Official Gazette. The Decree, in transposing EU Directive no. 2019/1152 on transparent and predictable working conditions amends Legislative Decree no. 152/1997 and introduces new disclosure obligations for the employer at the time of signing the employment contract as well as, upon written request of the employee, review and update obligations for all employment contracts already in place as of August 1, 2022, resulting in the need for employers to amend them no later than sixty days from the date of the request, under penalty of administrative sanctions.

Withholding tax on Italian-sourced dividend paid to EU and non-EU investment funds: the Italian Supreme Court orders the refund on the basis of EU law

With a series of important judgments (Cass. Civ. Section V, n. 21454-21475-21479-21480-21481-21482 filed on 6 July 2022 and Cass. Civ. Section V, n. 21598 filed on 7 July 2022), the tax section of the Italian Supreme Court (“Corte di Cassazione”, the highest Court in Italy as regard tax matters) ruled that the withholding taxes on dividends applied to Italian-sourced dividends paid to non-resident investment funds (EU and non-EU) are contrary to the principle of free movement of capital enshrined in art. 63 of the Treaty on the Functioning of the European Union (TFEU) to the extent that the same income, if received by an investment fund governed by Italian law, would have been exempt or subject to a lower tax rate.