- The Italian Supreme Court ruled on when a guarantee can be waived for intra-group VAT offsets under Article 73 of DPR 633/72.
- It confirmed that the VAT-credit certification rules in Article 38-bis also apply to intra-group compensation.
- However, the requirement that the business has been operating for at least 5 years must be checked for the specific taxpayer making the offset, not the transferred business activity.
- A company’s takeover of a branch or business line does not count toward the 5-year period if the company itself is newly formed.
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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