The Firm’s Newsstand · Today’s tax headlines

The Firm’s Newsstand

A short daily digest of Italian business-tax news, written in our own words: direct taxes and VAT, filings and deadlines, tax audits and company accounts. One title, two lines, and a link to the source.

Updated 1 August 2026.

Today’s digest

– 6 September 2026

Does an amending return in the taxpayer’s favour, filed after the notice of irregularity, save you from the collection notice? Cassazione No. 24863/2026: an amending return in the taxpayer’s favour, filed after the notice of irregularity and before the collection notice, remains valid but is not enough to set it aside. The tax court examines the merits and requires proof of the corrected figures.– Studio Observatory

– 6 September 2026

Accertamento con adesione and conciliazione do not fix the evaded tax: when the criminal court may redetermine it Accertamento con adesione and conciliazione do not fix the evaded tax for criminal purposes: the court redetermines it on its own and departs from the agreed amount only on concrete factual elements. Legal framework, Article 4 thresholds, Article 13-bis mitigation and instalment-payment steps.– Studio Observatory

– 2 September 2026

Stamp duty on electronic invoices: List B can be corrected until 10 September Until 10 September 2026 taxpayers may correct List B of Q2 electronic invoices liable to stamp duty, pre-filled by the Agenzia delle entrate; afterwards the list is deemed confirmed: amount shown by 20 September, payment by 30 September.– Studio Observatory

– 31 August 2026

Omitted VAT return: the Agenzia computes the tax without an assessment From 1 January 2026 the Agenzia delle entrate may compute the VAT of an undeclared year from data it already holds, without an assessment: sixty days to reply or to pay, then entry on the ruolo (the collection register) as a final liability.– Studio Observatory

– 17 August 2026

Unpaid VAT: does an instalment plan rule out the offence? The threshold is €250,000, not €75,000: if the debt is under an instalment plan under Article 3-bis of Legislative Decree 462/1997, there is no offence; a liquidity crisis excludes liability only under the conditions set out in Article 13, paragraph 3-bis, of Legislative Decree 74/2000.– Studio Observatory (in Italian)

The INPS Guarantee Fund: unpaid TFR and final wages where the employer is insolvent The INPS Guarantee Fund covers the end-of-service indemnity and the last three wages when the employer does not pay, capped at €4,021.68; under Message No. 2601/2026, insolvency-procedure filings now travel only in XML.– Studio Observatory (in Italian)

– 16 August 2026

CBAM: the 50-tonne threshold and the new monitoring function in the register The CBAM exemption below 50 tonnes a year is not a settled position: once the threshold is crossed, obligations reach back to every import since 1 January. Since 6 August 2026 the CBAM register has a new monitoring function.– Studio Observatory (in Italian)

– 14 August 2026

POS terminals and electronic cash registers: the 5 per cent tolerance does not cover failure to link The corrective decree sets a 5% non-punishability threshold for mismatches between card payments accepted and transactions recorded, but it does not cure a missing link between the POS terminal and the electronic till: the €1,000–4,000 penalty still applies.– Studio Observatory (in Italian)

– 13 August 2026

Origin of goods: whoever declares it must be able to prove it Origin declared to customs is a statement the business must be able to substantiate: if the proof fails, the duty saved becomes payable again with import VAT and interest, and the claim can arrive up to three years later (seven where criminal issues are involved).– Studio Observatory (in Italian)

– 12 August 2026

Carried interest: how Article 60 of Decree-Law 50/2017 classifies the return Shares and quotas with enhanced financial rights allocated to directors and employees produce a return that Article 60 of Decree-Law 50/2017 classifies as reddito di capitale (investment income) or reddito diverso (other income), on three conditions: 1% minimum outlay, subordinated return, minimum holding period.– Studio Observatory (in Italian)

– 8 August 2026

Company struck off: who can challenge the tax assessment after five years? Once five years have elapsed since the cancellation request, only the shareholders, as successors, may bring the appeal: the Court of Cassation (order 24251/2026) sets the dies a quo at the request, not the registration.– Studio Observatory (in Italian)

– 5 AUGUST 2026

Service of a tax demand: specific challenge and proper reasons The Court of Cassation keeps two matters apart: a denial of copies must be specific, document by document, but in return the tax court must give reasons on every challenge to service. Apparent reasoning; quashed and remitted.– Studio Observatory (in Italian)

– 4 AUGUST 2026

Shareholder loans and the presumption of unrecorded revenue Without proof of title and origin, a shareholder’s payment can be treated as hidden revenue in a tax audit: the evidence is built before the transfer, with a certified-date instrument and a traceable bank transfer.– Studio Observatory

E-receipts on request? Not in the omnibus corrective decree The draft before the Italian Parliament does not touch the retail receipt: the prior-agreement rule of the 2016 ministerial decree still applies. No new obligation for retailers.– Studio Observatory

– 1 AUGUST 2026

Assessment signed before the sixty-day period from the pvc: unlawful The Tax Division ties the breach of the waiting period to the moment the assessment is signed, not served. The rule still governs assessments issued up to 29 April 2024, which remain in litigation.– Studio Observatory

– 29 JULY 2026

IRAP and professional partnerships: the tax is not automatic The Constitutional Court ties the levy to the depersonalisation of the service: where each associate keeps a personal relationship with the client, IRAP is not due. Refund claims are open within forty-eight months.– Studio Observatory

Capital gains: spreading ends in 2026 The 2026 Budget Law removes the five-year spreading option for operating assets: the gain is taxed in full in the year of realisation. Only the sale of a business, or a division held for at least three years, can still be spread.– Studio Observatory

Buying a business: when the certificate stops protecting you The buyer answers for tax debts up to the value of the business and only after the seller has been pursued. But where the sale falls within six months of a criminal finding, fraud is presumed and every limit falls away.– Studio Observatory

– 25 JULY 2026

Static holding companies and retained dividends: where abuse begins Ongoing audits challenge the indefinite deferral of tax on dividends kept inside family holding companies: the deferral is lawful only while temporary. Documented non-tax purposes and an investment strategy reduce the risk of challenges.– Studio Observatory (in Italian)

– 24 JULY 2026

Tax debts and negotiated settlement: the safeguards Businesses in difficulty can include debts owed to the Revenue in the negotiations: careful preliminary checks and a sustainable plan are essential to avoid losing the protective measures.– Studio Observatory

Tax drawer: more documents and tracked notifications The reserved area expands the documents available and adds digital tracking of the status of notifications, giving businesses and professionals greater certainty over deadlines.– Studio Observatory

Shell companies: watch the 2026 income tax return Operativity test, exclusion grounds and disapplication must be handled carefully in the return: the outcome affects minimum income, IRAP and the use of the VAT credit.– Studio Observatory

– 23 JULY 2026

Reconstructing turnover: the limits of the analytical-inductive assessment Mark-up percentages, stock levels, off-book papers and financial investigations: when presumptions are enough to adjust revenues, and where the analytical-inductive method gives way to the purely inductive one.– Studio Observatory

Parallel bookkeeping: denying the notes is not a defence The Supreme Court confirms that informal ledgers and off-book records found on the premises amount to serious, precise and consistent presumptions. Neither denying the documents nor employees’ statements are enough to rebut them.– Studio Observatory

Judicial liquidation: tax debts and the prosecutor’s role With the size thresholds of the old bankruptcy law gone, insolvency is what counts. For companies in liquidation whose exposure is mainly fiscal, the prosecutor’s initiative and the collection agency’s stance carry real weight.– Studio Observatory

New OIC 5: liquidation accounts change their logic The standard drops the forward-looking estimate of the procedure’s final outcome and shifts the focus onto reporting the liquidation process itself, with new formats and measurement rules for assets, liabilities, future costs and notes.– Studio Observatory

Highlights

Tax

Labour and social security