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Eligible VAT Refunds for Leased Assets: New Guidelines Align with Supreme Court Rulings

  • Recent resolution by the Italian Revenue Agency aligns with Supreme Court principles on VAT refunds for improvements on third-party assets.
  • Updated stance on “depreciable assets” may impact VAT refund eligibility for leased assets.
  • Article 30 of DPR 633/72 allows VAT refund requests for depreciable assets exceeding 2,582.28 euros.
  • Supreme Court ruling states “depreciable asset” should not be defined by direct tax laws or accounting principles.
  • Definition of “investment goods” from EU directive includes long-term business assets.
  • Revenue Agency recognizes VAT refund rights for improvements on non-owned assets if used long-term for business.
  • Supreme Court equates leasing to investment purchase, allowing VAT refund requests for leased assets over 2,582.28 euros.

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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