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VAT Adjustment Notes: Judicial Liquidation Following Composition with Creditors under Article 26, DPR 633/1972

  • [ALFA] had a credit with [BETA] for goods supplied, with invoices issued and registered.
  • [BETA] entered a concordato preventivo in 2015, approved in 2016, which provided for payment of only 10% of the credit to unsecured creditors like [ALFA].
  • In 2024, the court opened judicial liquidation for [BETA] without first resolving the concordato, due to the expiration of the annual term.
  • [ALFA]’s claim in the liquidation was accepted only for the reduced amount (10%), with the remaining 90% considered extinguished by the concordato.
  • [ALFA] believes the VAT variation note for the extinguished portion (90%) should be issued under the old rules, but previous guidance suggests this is not allowed for the part covered by the concordato reduction.

Source: agenziaentrate.gov.it

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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