With Resolution no. 3 of February 3, 2023, the Italian tax authorities have provided guidelines on the VAT treatment to apply on the sale and lease back agreement, that is a sale agreement with a lease back.
The Italian tax authorities referred both to the guidance of the Italian Supreme Court (originally expressed in the decision no. 11023 of April 27, 2021, and confirmed in subsequent decisions[1]), which is based on the position provided by the EU Court of Justice in the case C-201/18 on March 27, 2019 (Mydibel) and its own guidelines previously provided, inter alia, with the circular no. 218/2000 with regard to the relationship arising from a lease-back agreement, distinguishing in particular three different operations from a VAT point of view.
Source PwC
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