Preventive concordat with bankruptcy’s VAT compliance – interruption of the tax period with the submission of the application, even ‘blankly’

The Italian law article 9, paragraph 1, letter a) no. 2) of the 111/2023 legislation assigns to the Government the task of extending the existing compliance requirements for judicial liquidation related to VAT to liquidator institutions within the scope of the Crisis and Insolvency Business Code, as well as to preventive arrangements and extraordinary administration of large enterprises, even those not in liquidation.

This implementation raises interpretive issues involving the procedures and obligated parties. The identification of “liquidator institutions” is crucial, encompassing various arrangements such as controlled liquidation of overindebted parties, liquidating preventive agreements (including those with direct business continuity), and special simplified agreements for asset liquidation. Other procedures potentially involving liquidation are also considered, such as minor preventive arrangements and those leading to indirect business continuity.

The expansion of obligated parties for VAT compliance could include the liquidator of controlled liquidation of overindebted parties and the judicial liquidator of preventive arrangements with direct or indirect business continuity. While the law may appear to attribute procedural legitimacy to judicial bodies, the writer suggests that compliance responsibilities remain primarily with the debtor, with coordination required between the debtor and judicial liquidator for accounting, VAT records, reporting, and tax payments.

Source: eutekne.info

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