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Cassation Court Disapplies VAT Penalties for “Società di Comodo”

  • The Italian Supreme Court has ruled that IVA penalties for companies classified as “società di comodo” are not applicable.
  • This ruling is based on the interpretation provided by the Court of Justice of the European Union in case C-341/22.
  • The Italian law defines “società di comodo” as companies that are not operational based on their revenue and assets.
  • The law also includes penalties for “società di comodo” regarding IVA, including the loss of IVA credit if no relevant operations are performed for three consecutive tax periods.
  • The Court of Justice of the European Union has ruled that the loss of IVA credit for three consecutive tax periods is not compatible with EU law.

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.

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