The case has corporate income tax, VAT and registration tax implications
The contribution of the entire
business of an EU company’s Italian permanent establishment (PE) to another EU
company’s Italian PE is tax neutral under section 176 of Italian Tax Code
(TUIR). This is the conclusion reached by the Central Revenue, as an answer to the
request for advance ruling No. 633 as of December 31 2020.
Circumstances of the case
The case concerned an EU company
(hereinafter ALFA) which intended to transfer its PE in Italy (hereinafter ALFA
Italy PE) to the BETA company resident in another country of the EU, against of
The budget law has introduced a number of tax incentives
Law No. 178 published in Italian Official Gazette on December 30 2020 (the so-called budget law 2021), introduced important measures in the field of tax incentives for enterprises.
Among the several changes introduced, key highlights are outlined below.
4.0 research and development tax credit
The tax credit for investments in research and development, ecological transition, 4.0 technological innovation and other innovative activities pursuant to the Italian Law No. 160/2019 is extended until December 31 2022.
The tax credit for research and development is increased from 12% to 20%, and the expenses limit is increased from €3 million (approximately $3.6 million) to €4 million. The tax credit for technological innovation design or aesthetic development is increased from 6% to 10%, and the expenditure limit is increased from €1.5 million to €2 million. Same thresholds are applicable for technological innovation activi
The decision stands against the trend adopted by the Supreme Court in recent years
The Decision No. 55/2020 published by the Regional Tax Court (second degree) of Bolzano on December 4 2020 was focused on the existence of subjective and objective requisites in order to apply transfer pricing provisions. The takeaways from this decision can be summarised as follows:
The subjective circumstances must be identified by referring to Article 110, paragraph 7, of the Presidential Decree No. 917/1986 (Income Tax Code). The provision refers to transactions that occurred between an Italian enterprise and non-resident companies that “directly or indirectly control the Italian enterprise, or are controlled by it, or are controlled by the same company controlling the Italian enterprise”.
Gian Luca Nieddu and Barbara Scampuddu of Hager & Partners analyse a recent judicial decision which looks at the tax implications of inter-company transactions in Italy.
New rules for Italian TP documentation: Groups may need to revise approach internationaltaxreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from internationaltaxreview.com Daily Mail and Mail on Sunday newspapers.