The Italian government is approving the draft law on the reform of tax criminal penalties (Decree 74/2000), in particular on the crime of non-payment of taxes…
Italian Tax Law Reform: Draft law on Tax Penalties
The Italian government is approving the draft law on the reform of tax criminal penalties (Decree 74/2000), in particular on the crime of non-payment of taxes. The purpose is to increase the threshold for the punishment, in particular:
- for the crime consequent to the non-payment of VAT (art. 10-ter of Decree n. 74/2000) the threshold is increased from 50.000 € to 250.000 € each fiscal year;
- for the crime consequent to the non-payment of withholding taxes (art. 10-bis of Decree 74/2000) the threshold is increased from 50.00 € to 150.000 € each fiscal year.
With the entry into force of the new rules, the effect of the increase of the thresholds on the taxpayer is that the person that in the past has not paid taxes for amount superior than 50.000 €, but lower respectively to 250.000€ for VAT and 150.000 € for withholding taxes, can benefit of favor rei regime (more favourable).
Circular Agenzia Entrate n. 25/E of 7.7.2015
The Italian tax administration provided some clarification on the VAT scheme applicable to the purchase of goods or services and importation related to the Expo 2015.
The “Commissariati generali di Sezione” according to the circular carry out non-taxable supplies for VAT purposes. The exemption granted by article 10 co. 5 of the Agreement between Italy and the Bureau International des Expositions is applicable:
- to the realization of the pavilion, included the structure devoted to the commercial activity,
- to the rent of apartments with the purpose of a better participation of the foreign delegation to the Expo, to the cross border supplies carried out by the said subjects,
- in alternative to the scheme settled by article 72 of DPR 633/72, under which the supplies are exempt and it is possible to create a plafond.
The exemption is not applicable to the purchases or importations of foodstuffs and related equipment (kitchens etc.) that are going to be sold during the Expo.
The Official Participants that have a fixed establishment for VAT purposes in Italy must declare the start of his activity.
Prof. Paolo Centore
