- The Italian Supreme Court ruled that preventive seizure of a group’s shares removes the control required for group VAT liquidation, so the regime no longer applies.
- For consolidated VAT purposes, only shares with voting rights count toward control; seized shares cannot be counted because voting rights pass to the court-appointed custodian.
- Even if formal ownership remains unchanged, the seizure causes a real loss of shareholder control and participation rights.
- The Court also held that, if the tax authority rejects intra-group VAT offsets for lack of control, using the automated assessment procedure is valid when an irregularity notice was sent first.
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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