Taxpayer Division
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Central Directorate Small and Medium Enterprises
Answer no. 361/2021
The bankruptcy of ALFA Società Consortile a Responsabilità Limitata in liquidation (hereinafter, the “Applicant”, “Company” or “Consortium”) points out that the Company used to purchase lighting equipment on the market, obtaining particular discounts given the large quantities ordered, and The Company purchased lighting equipment on the market, obtaining special discounts given the large quantities ordered, and then reselling the goods to its members at favorable prices. The members contributed to sustaining the expenses of the ordinary management of the Instant through the payment of periodic contributions, subject to value added tax. During 2018, the Company filed for bankruptcy, and the receiver has The liquidator, upon consulting the accounting records, discovered a loss for the financial year, in spite of Article 4 of the relevant articles of association, according to which the Company was to be “managed according to the criterion of economic efficiency, aiming at a balanced budget”. The Applicant reports that the loss was generated, for the most part, by the defaults by two bankrupt partners (BETA Snc and GAMMA Srl) who did not pay the Company for supplies and consortium contributions. Company for supplies and consortium contributions (for which the bankrupt company had issued regular invoices). The receivables were therefore written down following the bankruptcy of the above-mentioned consortium members. The receivables were, therefore, written down following the bankruptcy of the above-mentioned consortium members. Considering that the loss on the financial statements deriving from the bankrupt consortium members’ default, according to Consortium members’ defaults, according to the principle of balancing the accounts and by virtue of article 2615 of the Italian Civil Code, it will have to be covered by the payments made by the other consortium members, the taxpayer asks whether the latter contributions should be subject to VAT.
Source: gov.it
