VAT Refund for Unpaid Credits in Judicial Liquidation: A Case Study

• The company ALFA, operating in both wholesale and retail, has raised a question regarding the possibility of requesting a VAT refund for unpaid commercial credits following the judicial liquidation approval of the debtor company.
• ALFA claims to be a creditor to BETA for a remaining total amount, including VAT, due to BETA taking over the commercial debts of the liquidated and subsequently dissolved company GAMMA.
• BETA had agreed to a mortgage registration for the debts it took over, related to the commercial credits claimed by ALFA.
• Due to BETA not fulfilling its obligations, ALFA filed a lawsuit for the recognition of its rights, which were compromised by BETA’s total non-performance.
• The ordinary court recognized ALFA’s claims and ordered the judicial liquidation of BETA.
• ALFA, duly registered in the bankruptcy proceedings, inquires about the correct procedure to recover the VAT related to the commercial credit claimed against BETA.
• ALFA believes it cannot issue a variation note as per Article 26 of the VAT decree against BETA and considers applying for a refund under Article 30-ter of the VAT decree to recover the VAT on the credit claimed.
• Previous responses to similar inquiries, although concerning different cases, clarified that when a variation note cannot be issued, VAT might sometimes be recovered by filing a refund request under Article 30-ter of the VAT decree.
• The tax agency highlights that the claim and its amount against the debtor company are not the subject of the inquiry and remain under the control of competent authorities.

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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