Fixed Registration Tax Applies to Partial Nullity of Bank Contracts, Not VAT-Registration Alternativity Principle

• The principle of VAT-registration tax alternativity does not apply to the restitution of undue payments.
• The Italian Supreme Court (Cassazione) ruled that judgments declaring partial nullity of bank account contracts and ordering restitution of undue amounts are subject to a fixed registration tax under art. 8(1)(e) of the DPR 131/1986.
• The proportional registration tax exemption based on the VAT alternativity principle does not apply in these cases.
• The Court confirmed that even judgments declaring partial nullity of contracts, with consequent restitution, fall under the fixed registration tax regime.

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.

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