- The article discusses the possibility of requesting a refund of VAT on requalified assets in the purchase of a company in Italy.
- The seller has the right to request the refund from the tax administration if the payment was not made in the context of tax fraud.
- VAT paid on the sale of assets subject to the tax, but requalified as a sale of a company, cannot be deducted by the buyer in their VAT position.
- However, the buyer can request a refund of the VAT from the seller, who in turn has the right to request a refund from the tax administration.
- This is based on the combination of Article 30-ter of DPR 633/72 and interpretations by the Cassation Court, including the recent judgment n. 25013/2023.
Source: eutekne.info
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
