- Input VAT recovery may not be disallowed in Italy if a deed is declared null and void under civil law
- Italian Tax Authority challenged input VAT recovery on a property purchase due to a deed being declared null and void
- Right to recover input VAT is generally subject to evidence of transfer of ownership
- Taxpayer cannot be denied input VAT recovery solely based on a deed being declared null and void, unless there are elements of fraudulent behavior
- VAT principles prevail over civil law in cases of conflict
- Italian Supreme Court clarified that input VAT recovery cannot be disallowed solely based on a null and void deed under civil law
Source: dlapiper.com
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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