- AIDC issued a guideline on VAT credit and debt compensation during judicial liquidation.
- VAT debt before liquidation cannot be offset with credit generated after, respecting creditor equality.
- VAT credit before liquidation can be offset with debt after, both vertically and horizontally.
- VAT credit can also be requested for reimbursement from the declaration under art. 74-bis of DPR 633/72.
- The principle of VAT continuity allows maintaining taxpayer status during liquidation.
- Judicial liquidation aims to ensure creditor equality and may replace or integrate liquidation activities.
- No obligation to declare business cessation unless all VAT-relevant operations are completed.
- VAT credit before liquidation can be offset with post-liquidation debt, both legally and civilly.
- These principles apply to both judicial liquidation and bankruptcy procedures.
- Horizontal VAT credit compensation is possible under art. 17 of DLgs. 241/97.
- Declaration instructions specify how to handle VAT credits and debts in 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.
