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Right of recourse of the transferor of the higher assessed VAT

  • The company ALFA is seeking clarification on the possibility of exercising the right to recourse under article 60 of the Presidential Decree No. 633 of 1972.
  • ALFA and the company BETA signed a letter of intent in July 2015, expressing the intention to proceed with the purchase of a 70% stake in a newly established limited liability company.
  • In December 2015, ALFA established the company GAMMA and transferred the business branch to it.
  • The sale of the participation was concluded in December 2016.
  • In February 2021, the Tax Agency initiated a tax audit against ALFA, contesting the deduction of VAT related to costs incurred for the transferred business branch.
  • In December 2022, ALFA agreed to an assessment of additional VAT debt and made four payments.
  • In February 2023, the Tax Agency issued another invitation for a tax audit for the 2017 fiscal year, with additional VAT debt quantified.
  • ALFA utilized the facilitated definition provided by the Law No. 197 of December 2022 and made a payment in March 20.

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.

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