The Provincial Tax Court of Bergamo upheld the appeal lodged by an Italian limited company operating in the construction sector, duly assisted by the Firm, regarding the use of the tax-deferred reserve, not paid, established following the tax realignment of the assets. In particular, following a reverse merger, the incorporating limited company, in accordance with accounting principles, used the aforementioned reserve, with a different reclassification, to reconstitute its equity in the same quantitative terms that would have occurred in the event of a direct merger. The Revenue Agency deemed the aforementioned use taxable. Read More
The Supreme Court upheld the appeal of Domina, duly assisted by the Firm, regarding the criteria for determination of the income of an Italian permanent establishment of the Egyptian company belonging to the group, active in developing tourist properties. The Supreme Justices, adhering to the constitutionally oriented interpretation proposed by the defence team, stated that, also in relation to permanent establishments, the reconstruction of the taxable income must be carried out net of all production costs, allowing a reconstruction that is also inductive/presumptive. Read More
As part of a refund proceeding brought before the Provincial Tax Court of Reggio Emilia on behalf of the CREDEM group, the Firm obtained the referral to the Constitutional Court of the question of constitutionality of art. 6, first paragraph, letter a), Legislative Decree no. 446/97, in relation to the section which provides for the “flat rate” taxation for IRAP (Italian Regional Tax on Productive Activities ) purposes of 50 per cent of all dividends received by banks rather than the analytical taxation of trading dividends only, in violation of the principle of proportionality pursuant to art. 3, Constitution. Read More
Licence taxes relating to mobile phone subscriptions are due only from the defaulting client and not from the telephone operator, since the latter cannot be characterized as a substitute for nor as liable for the tax, nor is it merely responsible for debiting of the tax. This is the principle that can be inferred from Order no. 11017/2019 of the Italian Supreme Court, in relation to the appeal filed by Wind Telecomunicazioni, assisted by the team from Tremonti Romagnoli Piccardi e Associati, which was composed of partner Giuseppe Pizzonia and senior associate Laura Trimarchi. Read More
The team from Tremonti Romagnoli Piccardi e Associati, composed of partner Giancarlo Zoppini and senior associate Laura Puddu, successfully assisted the Salini Impregilo group in a tax dispute concerning the complex issue of realigning the fiscally recognized values of the assets and liabilities of the subsidiaries in the context of consolidated taxation pursuant to art. 128 TUIR (Italian Consolidated Income Tax Law). Read More
The team from Tremonti Romagnoli Piccardi e Associati, composed of partner Giancarlo Zoppini and senior associate Anna Maria Gulino, successfully defended the Sonae-Sierra group in a tax dispute concerning deduction of quotas of depreciation on a real estate asset (a shopping centre) that was the subject of a going-concern lease agreement. Read More
The team from Tremonti Romagnoli Piccardi e Associati, composed of partner Cristiano Caumont Caimiand senior associate Ilaria Cherchi, successfully defended Banca Euromobiliare, the private bank of the Credem group, and Citibank before the Italian Supreme Court, in a dispute concerning the determination of the value of a going-concern of a bank for the purposes of registration tax. Read More
The team from Tremonti Romagnoli Piccardi e Associati, composed of partner Giuseppe Pizzonia, and senior associate Laura Trimarchi, successfully defended Autostrade per l’Italia spa before the Italian Supreme Court, in a singular dispute brought against the company by an Abruzzo municipality regarding the imposition of solid urban waste disposal tax (the so-called Tarsu) on motorway areas. Read More
The team from Tremonti Romagnoli Piccardi e Associati, composed of partner Cristiano Caumont Caimi and senior associates Manuela Cittadini and Anna Maria Gulino, successfully assisted Unicredit in a tax litigation proceeding concerning VAT. The Italian Supreme Court upheld the annulment of the notice of assessment that was issued against the banking group. The aforesaid notice had been issued before the expiry of the 60-day time limit – as provided for by the Italian Taxpayer Bill of Rights – that runs from the date the Tax Audit Report is served. Read More
The team from Tremonti Romagnoli Piccardi e Associati, composed of partner Cristiano Caumont Caimi and senior associate Ilaria Cherchi, successfully defended the General Electric group in tax litigation proceedings concerning the re-characterization of a contribution of a going concern into a “newco” and the subsequent transfer of the quotas, as a direct sale. Read More
Tremonti Romagnoli Piccardi e Associati successfully defended the national producers of grain and pasta made from Italian grain, along with a consumers association, before the Regional Administrative Court of Lazio. Read More
