- Continuity of VAT credit is ensured during judicial liquidation.
- It is possible to offset credits arising before the procedure with subsequent VAT debts.
- AIDC issued behavior norm 230 on VAT credit and debt offsetting during judicial liquidation.
- VAT debt before liquidation cannot be offset with credit generated after, respecting creditor equality.
- VAT credit generated before the procedure can be offset with debt accrued after, both vertically and horizontally.
- Alternatively, VAT credit can be requested for reimbursement from the declaration under art. 74-bis of DPR 633/72.
- The principle of continuity for VAT allows maintaining passive subjectivity even after the start of insolvency proceedings.
- Judicial liquidation aims to ensure creditor equality and may replace or integrate liquidation activities.
- Starting or ending the procedure does not require a cessation declaration unless all VAT-relevant operations are completed.
- VAT credit generated before liquidation and included in the last declaration can be offset vertically with subsequent debt.
- The same principles apply to bankruptcy procedures still pending.
- Horizontal offsetting of VAT credit is possible under art. 17 of DLgs. 241/97 by completing separate modules for different periods of the year.
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.
