Overseas companies and tax evasion in Italy
It is guilty of tax evasion because the company settled abroad (out of Italy) without employers (Court of Appeal of Milano, Section . II Criminal, sentence 20th June 2014, n. 3534)
The Court of Appeal in Milan revert back to managing a case of a “formally dressed” foreign company that is the false location abroad of the company fiscal address and nationality that, on the contrary, continues de facto its activity and reaches the goal of his targets in Italy.
The purpose of the settlement abroad is obviously minor taxation.
With this new commented verdict, the Court of Appeal gives concrete application to the art. 73, III co., DPR 917/1986 (T.U.I.R.), on which basis these entities and companies are to be considered resident in Italy from a tax law point of view, if, for most of the fiscal period, they have had the official address (indicated in the article of association) or a secondary commercial and operating address (that is the place from which arise the will of the managers) in the territory of Ita State.
It’s enough for interpretation such as above that one of those situations only is verified for considering the company fiscally resident in Italy and subject to the taxation Italian duties of fiscal declarations according to this law.
The Court of Appeal had no hesitation to condemn the responsible companies, due that the administration location, the Directional site and the place in which was showed the main activities in order to realize the commercial goals were focused in Italy.
In particular, the judges reached this final resolution via the examination of a series of fixed circumstances such as no independent accountancy abroad, no organization for the activity held abroad, and no new employers in any period.
SLT & PARTNERS – NOVASTUDIA MILAN
Mattia Tacchini, Giovanni Nosengo and Nicola TIlli with IIR: Course insurance law on How to manage negotiation and drafting of commercial agency contracts.
On October 29th and 30th, 2014, in Milan at Hotel Ata Executive, Mattia Tacchini, Giovanni Nosengo, and Nicola TIlli will be involved in a two-day upgrade training course for insurance sector professionals regarding insurance agency contracts.
The purpose of the event is to focus on the best operating solutions to manage the contractual relationship arising between the company/agent and the nominated representants (agencies or sub-agencies)
The event is directed to commercial Directors, network managers, Legal and company affairs managers, and lawyers.
Nicola TIlli with IIR for a training project in Poste Italiane SPA.
November month 2014, via eight lessons, "Istituto Internazionale di Ricerca", a top training Ita company licensed by Gruppo Informa, listed in the UK, will develop a legal update program at "Poste Italiane SPA" dedicated to all those internal professionals working in ITA national area.
SLT & Partners (Novastudia Milano) with avv. Nicola TIlli in civil law procedure and DLA & Piper (Rome) with avv. Fabio Elefante. in administrative law procedures, are the two trainers selected by IIR for the event.
Andrea Siligardi new partner in SLT - Nova Studia Milan.
Lwr. Andrea Siligardi, previously counsel of SLT-NovaStudia Milan, entered the team of the Milanese law firm starting in September 2014.
Andrea is an expert in insurance law, with 20 years of experience as an internal Director of some top insurance companies. (such as Groupama).
Turned back to the Independent legal profession, he continued to offer, as an Independent consultant, his professional services to qualified institutional clients of the insurance sector.
A warm welcome to Andrea from all of the NS members.