- The Italian taxpayer division received an inquiry regarding the application of article 73, paragraph 3, of the Presidential Decree of October 26, 1972, No. 633.
- The taxpayer describes a complex corporate operation involving the acquisition of a Luxembourg company and its subsequent merger with an Italian company.
- The taxpayer states that the merged company has been participating in the group VAT liquidation procedure since 2019, but after the merger, the operations of the incorporated companies will also be included in the group VAT liquidation.
- The taxpayer seeks clarification on whether the merged company can continue to participate in the group VAT liquidation or if it will be excluded for the period between the merger and December 31, 2023.
- The taxpayer believes that the merged company can continue to participate in the group VAT liquidation based on the principle of universal succession.
- The tax agency’s opinion is that the excess deductible VAT accrued before the merger will be excluded from the group VAT liquidation.
Source: agenziaentrate.gov.it
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.
