Surety Bond for VAT-Related Transactions: Cassation Confirms Proportional Registration Tax Applies

• The Supreme Court (Cassazione) ruled that a fideiussione (guarantee) creates an autonomous and distinct legal relationship from the underlying obligation it guarantees.
• The Court decided that the proportional registration tax applies to injunctions based on such guarantees, even if the underlying credits are subject to VAT.
• The decision rejected the taxpayer’s argument that only a fixed registration tax should apply due to the VAT-registration tax alternativity principle.
• The ruling emphasized that the guarantee contract between shareholders and the company is separate from the main debt and benefits the creditor without making them a party to the guarantee agreement.

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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