Studio PonchioSTP
Tax Observatory
A review of tax developments, administrative guidance and case law — selected and rewritten by the firm.
The società benefit: incorporation, governance and the impact report
A status, not a new type of company: the clause in the articles, the impact officer, the annual report under paragraphs 376-384 and the tax aspects. The firm’s practical guide, with worked cases and specimen documents.
Latest analyses
33 items
Assessment signed before the sixty-day period from the pvc: unlawful
The Court of Cassation ties the breach of the waiting period to the signature of the assessment, not to its service: relevant to proceedings still pending.
Capital gains: no more spreading on operating assets from 2026
The 2026 Budget Law removes the five-year spreading option: what can still be spread, and how disposal planning has to change.
Sale of a business in fraud of the tax authorities: unlimited liability for the buyer
The ordinary limits on the buyer’s liability, the discharging effect of the pending-liabilities certificate and the six-month fraud presumption.
Static holding companies and retained dividends: the line between a lawful choice and abuse
Deferring tax on dividends is inherent in the system only while it is temporary: what the current audits are challenging, and how to document the non-tax purposes.
Composizione negoziata: handling tax debts
The checks, the documents and the treatment of tax debts needed to enter the procedure on a sound footing.
Cassetto fiscale: new documents and tracked service of notices
More documents in the secure area and the status of served notices now tracked: what changes for compliance.
Reconstructing revenue: the limits of the analytical-inductive assessment
Mark-up percentages, stock and financial investigations: when an adjustment arises and how to defend against it.
Parallel books: when informal records become evidence
Day books and internal files count as serious, precise and consistent presumptions: a blanket denial is not enough.
Judicial liquidation: tax debts and the public prosecutor’s initiative
Under the Italian crisis code the prosecutor may apply to open the procedure: the warning signs, the conditions and how to prevent it.
Dormant companies in the 2026 REDDITI return
The operating test, the grounds for exclusion and for disapplication, to be handled correctly in the return.
DAC8: the automatic exchange of information on crypto-assets
Crypto-asset service providers must report their EU clients’ transactions: what changes for intermediaries and for holders of virtual currencies.
Contributions of shareholdings and controlled realisation under art. 177 TUIR
Contributions and exchanges of shareholdings without an immediate taxable gain: the conditions for controlled realisation and the tax base recognised.
Allowance days and unpaid absences: the payroll rules
Employment tax allowances are calculated on the days carrying a right to pay: which absences stay in the count and which reduce it.
A first statutory audit engagement: where the compliance work starts
Independence, the engagement letter, understanding the business and setting up the working papers: the right sequence for accepting a first engagement.
Full carry-forward of losses and a new productive activity
Corte di Giustizia Tributaria of Lecce, judgments nos. 1345 and 1346 of 2026: the conditions of art. 84(2) TUIR for newly incorporated companies.
Summer suspensions 2026: payments, informal notices and tax litigation
Payments due between 1 and 20 August deferred, time limits for avvisi bonari (informal notices) suspended, and the court recess suspension of procedural time limits.
Off-the-books profits: the presumption that they are distributed to shareholders
In closely held companies, off-the-books profits found on assessment are presumed to have been distributed: the scope of the presumption and the defences available.
Concordato preventivo biennale: election by 31 October 2026
The requirements, how the proposal is calculated and a cost-benefit analysis with the substitute tax by ISA band, within the 85.000 euro cap.
The new consolidated income tax act
The recodification of the TUIR within the reorganisation of Italian tax law: structure, coordination and commencement dates.
The new OIC 5: the criteria for liquidation accounts change
The updated standard redefines the measurement criteria and the disclosures in liquidation accounts.
Assessments using the «Radar» system: benchmarking and safeguards
The tax administration’s new benchmarking tool and the taxpayer’s procedural safeguards.
Rent arrears after eviction for non-payment: how they are taxed
The income tax treatment of rent never received and later recovered after the eviction is confirmed.
Sale of building land by private individuals: the gain and the costs
Calculating the gain on a sale of building land and the costs that may be deducted.
Alternatives to tax litigation: choosing the best option
Adesione, acquiescenza, ravvedimento operoso (voluntary settlement) and conciliation compared, together with the prior hearing under art. 6-bis.
Rottamazione-quinquies: with ContiTu you choose the demands
The settlement scheme for amounts referred for collection, and the ContiTu feature for choosing which demands to settle.
Service of a tax demand valid without the second registered letter
The case law on whether service is valid without the second registered letter of notice.
Access, inspections and audits of non-profit bodies and amateur sports clubs
Investigative powers, the L. 398/1991 regime and traceability: what a breach actually entails (a penalty, not loss of the regime).
Tax and compliance in amateur sports employment
The reform of sports employment after d.lgs. 36/2021 and corrective decree no. 120/2023: the exempt amount and the social security thresholds.
Tax and accounting treatment of the contratto di rete
Rete-contratto and rete-soggetto: the common fund, recharging costs and invoicing with and without agency.
Agriturismo: administrative and tax aspects
The flat-rate regime under L. 413/1991: taxable income at 25% and a flat-rate VAT deduction of 50%.
Fringe benefits and employee welfare 2026
Thresholds of 1.000/2.000 euro over the three-year period, cars in mixed use for contracts from 1 January 2025, and performance bonuses.
The regime forfettario: entry, staying in, and whether it pays
The 85.000 euro threshold, the profitability coefficients and the 5%/15% substitute tax compared with the ordinary regime.
Tax offences and the entity’s liability under D.Lgs. 231/2001
Thresholds for criminal liability, grounds for exemption from punishment and the entity’s liability, in the light of d.lgs. 173/2024.
Electronic invoicing and digital archiving
Issue deadlines, reverse charge (TD17), the esterometro cross-border report and the penalties reformed by d.lgs. 87/2024.
CBAM and DAC8: the new international obligations
The carbon border adjustment mechanism, with the first declaration due on 30 September 2027, and the DAC8 exchange of crypto data.
The ViDA package: e-invoicing and digital reporting in EU VAT
«VAT in the Digital Age»: mandatory electronic invoicing and digital reporting, with the European timetable.