Penalties: the Supreme Court takes time to re-think the involvement of consultant in the tax offence of joint stock company
A surprising order of the Tax Chamber has postponed an in chambers discussion to a future public hearing. The case concerns an appeal by the Italian Revenue Agency relating to the case of a limited liability company, carrying out financial consultancy activities, penalised for involvement in the unfaithful IRES (Italian Corporate Income Tax) declaration of a joint-stock company that is its client. The former had proposed to the latter a complex financial transaction, the sole purpose of which was, according to the Agency, the realization of a capital loss. The Supreme Court recognized the opportunity for a (new) evaluation, to be carried out during a public hearing, in relation to the subject of the punishability, by reason of involvment, of the consultant of a legal person who has committed a tax offence.