- Presumed revenues cannot be considered inclusive of VAT according to the Italian Supreme Court ruling on June 18, 2025.
- The court upheld a decision rejecting the claim that VAT should be separated from presumed amounts.
- Previous rulings have reached opposite conclusions, referencing a European Court of Justice decision from July 1, 2021.
- The European Court of Justice stated that if a taxpayer evades VAT without declaring the transaction, the amounts should be considered inclusive of VAT unless national law allows for VAT recovery.
- The Italian ruling did not reference the European precedent but highlighted differences in cases where the counterparty is identified.
- Article 60 of DPR 633/72 allows VAT recovery from the counterparty if identified, maintaining tax neutrality.
- The Italian Supreme Court previously ruled that prices include VAT only if the supplier cannot recover it from the buyer, which is allowed under Italian law.
- Financial investigations related to VAT continue to be a complex area.
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.
