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VAT in Italy – National Case Law

By August 14, 2014July 10th, 2021No Comments

On May 20, 2014, the Italian Supreme Court of Cassation with judgment n. 11158 delivered its opinion about the …

 

On May 20, 2014, the Italian Supreme Court of Cassation with judgment n. 11158 delivered its opinion about the obligation that the usual exporters have to comply with to exempt their supplies and use of the ceiling. There are some formal requirements provided by the law that must be respected to apply the exemption which are:

  • The consign or sent of the declaration of intent;
  • The registration of the data, related to the monthly use of the ceiling;
  • To fill in the dedicated space on the return. According to the Court, the later rectification or omission of these requirements, whether the taxable person made an error and the following correction, legitimate the denegation of the right of deduction of the input VAT because the said correction should be considered a modality to avoid penalties.

 

Prof. Paolo Centore
P Centore & Associates