Tag: Italy

Italy – changes as from 13 December 2014

Michaela Merz1 Comment

People sitting on a long bench talking (3) - PwC, Photo_RGB_PC_48164.jpgAs from 13 of December following changes will be applied concerning VAT Law:Read More »

Italy EU Presidency priorities for the period 1 of July to 31 of December 2014

Michaela MerzLeave a comment

Italy took over EU Council Presidency  on 1 July 2014 for the following 6 months. Italy’s Prime Minister Matteo Renzi presented Italy’s  priorities to the new Members of the EU Parliament  and the formal programme has now been released.

In the area of indirect taxation, the Italian Presidency willRead More »

Italy – Web Tax legislation as from 1 of July 2014

Michaela Merz2 Comments

The Italian Parliament approved on December 23, 2013, the Finance Law for 2014 (so called “Legge di Stabilità” – no. 147/2013). Such a law has provided for the set up of the so called “web tax”.

At a first stage, the web tax should have been both for VAT and corporation income tax perspectives. The VAT aspects of the web tax has now been repealed (please see below). Read More »

Infringement proceedings against Italy in connection with VAT refunds

Michaela MerzLeave a comment

Under the Italian VAT refund procedure, a non-established taxpayer requesting a VAT refund via its Italian VAT return must submit a bank or insurance guarantee covering the full amount of the VAT refund. The guarantee must be submitted for each VAT refund request and must be maintained for Read More »

A day in Milano

Michaela MerzLeave a comment

I did not want to go by train because I cannot work in the train. The flight to Milano is short, the airport clean and clearly laid out. However I am not willing to pay EUR 90 for a taxi drive to the city, the train ticket Zurich-Milano costs less. So I take the train. It is difficult to buy a ticket because of the 4 ticket machines, two don’t work. The queues are accordingly long and I miss my connection.Read More »

Tour Operators Margin Scheme (TOMS)

Michaela MerzLeave a comment

The European Court of Justice published its judgement in an infringement procedure where the EU Commission brought several EU Member States to the Court for failure to comply with their obligations under the EU VAT Directive.

The actions relate to the special scheme for travel agents which is commonly referred to as TOMS (Tour Operators Margin Scheme) and which is relevant from an EU-wide VAT perspective. There has been some uncertainty Read More »

Italy – VAT rate increase to 22% postponed to 1 of October 2013

Michaela MerzLeave a comment

The Italian government decided to postpone the planned VAT rate increase from 21% to 22% from 1 July 2013 to 1 October 2013.

Italy – VAT grouping will not be possible as expected

Michaela MerzLeave a comment

The resigning Italian Government did not approve the tax reform package. Due to the fact that the election will take place on February 24 and 25 in Italy, it is likely that the resigning Government will let the draft Decree expire. For the time being, VAT grouping according to article 11 of the VAT Directive will be not introduced in Italy.

Risk of PE (permanent establishment) for VAT in Italy

Michaela MerzLeave a comment

A new minefield is created around fixed establishments for VAT purposes, even if there is an extensive case-law of the European Court of Justice to determine whether such an establishment exist or not. The main elements of this legal analysis were also embedded into the EU VAT Regulations, however, some of the member states tend to interpret now these rules more widely as before. Read More »

How to decline cost of bank guarantee in Italy – “Statuto dei diritti dei contribuenti” – Law no. 212/2000

Michaela MerzLeave a comment

In some cases such as claims for VAT refund, tax payers have to provide a bank guarantee to the Italian Tax Authority. This is not always easy from an administrative point of view (as it has to be bank in Italy) and never really cheap. “Statuto dei diritti dei contribuenti” – Law no. 212/2000 protects tax payers’ right in relation to the incurred bank guarantee cost. A specific decree, implementing the operating rules for the refund/repayment should have been issued a long time. Read More »