- The exchange of money between two operators within the framework of the self-interest contract represents a transfer of money.
- This operation does not fall within the scope of VAT, according to Article 2, paragraph 3, letter a) of Presidential Decree 633/72.
- The self-interest contract provides for one party to attribute participation in the profits and losses of its business, without the counterpart of a specific contribution.
- According to jurisprudence, this is a contract of a “parassicurative” nature, as it “generates an “obligation to do”, which is reciprocal in nature, where the use of capital is only required in the event of a loss and never as an element from which the perfection of the agreement itself derives”.
- The sums attributed or received within the framework of the contractual scheme in question represent mere monetary transfers and cannot be assimilated to consideration, as there is no direct correlation between reciprocal performances typical of bilateral contracts.
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.
