- IVA declaration nullifies credit for non-operational companies
- Instructions for line VA15 of the IVA 2025 model still result in the permanent loss of annual credit for passive subjects deemed non-operational companies for 2024 and the two previous tax periods
- This applies if no significant IVA operations were conducted in the three-year period for an amount at least equal to the percentages in article 30, paragraph 1 of L. 724/94
- Assonime noted the EU Court of Justice ruling in case C-341/22 declared this IVA penalty incompatible with articles 9 and 167 of directive 2006/112/EC
- Legislative intervention is needed to amend Italian law, which has been disregarded by the Court of Cassation in several rulings
- Article 30, paragraph 4 of L. 724/94 prevents:
- Refund of IVA credit, its compensation in model F24, or transfer to third parties for non-operational companies for the tax period in which the credit is declared
- Compensation of credit with future debts for non-operational companies not conducting significant IVA operations for three consecutive tax periods
- EU Court of Justice ruled that articles 9 and 167 of directive 2006/112/EC do not allow denying passive subject status or IVA deduction rights based on not meeting a national threshold
- Passive subject status cannot be conditional on conducting significant IVA operations above a predetermined income threshold
- No IVA directive provision conditions deduction rights on reaching a certain threshold of taxable operations
- IVA deduction rights cannot be denied based on the mere amount of operations unless fraud or abuse is present
- Court of Cassation has applied these interpretative principles in cases denying IVA credit refunds or compensation due to non-operational status
- The Supreme Court has broadly applied the EU court ruling beyond just the permanent loss of IVA credit
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.
