VAT Refunds and Guarantee Exemption: Impact of Merger on Article 38-bis Compliance

• The company ALFA seeks clarification on the application of Article 38-bis of the VAT Decree.
• ALFA has made significant investments, leading to substantial VAT credits for which it has requested refunds.
• Refund requests were made for the tax years 2021, 2022, and 2023.
• VAT declarations were submitted on time for each year.
• ALFA provided guarantees as required by Article 38-bis, and has received the VAT refunds.
• ALFA used a simplification process, with guarantees provided by its parent company BETA.
• A merger is planned where BETA will be incorporated into ALFA, leading to the dissolution of BETA.
• The merger will result in ALFA assuming all rights and obligations of BETA.
• The merger’s legal and fiscal effects will start on January 1, 2025.

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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