- The Cassation Court has addressed the issue of the application of Article 5 of Law 29/1961 regarding interest on VAT credits.
- The case involved a taxpayer who obtained recognition of their VAT credit in a second-degree judgment in 2007.
- After the judgment became final, the tax office calculated the amount owed, including interest under Article 38-bis of DPR 633/72.
- The taxpayer later filed a compliance lawsuit, claiming that the interest should be regulated by Article 5 of Law 29/1961.
- The calculation of interest on VAT credits is governed by DPR 623/72, which states that interest is applied at a rate of 2% per year, starting from the 90th day after the declaration was filed.
- It is reasonable to argue that this provision covers the normal situation of undisputed credit reimbursement.
- However, Article 5 of Law 29/1961, which is still in force, has been recognized by the Cassation Court as governing interest on indirect taxes.
Source: eutekne.info
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.
