Electronic invoicing, abuse of law and international taxation, but also collaborative fulfillment and news on assessment terms. These are the subjects of the three implementing decrees of the tax delegation approved today by the Council of Ministers. “Others will follow by mid-June”, announced the Undersecretary to the Prime Minister, Claudio De Vincenti, at the end of the meeting.
In particular, in two months it will be the turn of the land registry reform, the new rules for the gaming sector and the rules on the criminal aspects of tax crimes, including the impunity for evaded amounts not exceeding 3% of taxable income, a rule which has caused an uproar because could save Silvio Berlusconi from the criminal effects of the Mediatrade trial.
In short, today's “is an important step forward – said the Minister of the Treasury, Pier Carlo Padoan -, but it is not yet the final one. We need to complete the package concerning the sanctions system as a whole. There is absolutely no tension on this issue or on others relating to tax delegation. The goal is to close the game in September, in line with the six-month extension requested by the government from Parliament last month.
ELECTRONIC INVOICING
Since last March 31st electronic invoicing is mandatory for the supply of goods and services to the entire public administration, while from 2017 the old cash register will also be archived for relations between private individuals, but in that case the choice will be free.
For taxpayers who decide to switch to electronic invoices, "the terms of assessment will be reduced - Padoan clarified -, a facilitation for companies, provided that the traceability of the transactions is allowed". Furthermore, the receipt will become optional and will only have an administrative value, no longer a tax one: for example, it can be issued upon request to activate a guarantee.
As for the 730 pre-filled, the deductible and deductible expenses certified by an electronic invoice will be entered directly by the Revenue Agency in the electronic tax return.
ABUSE OF LAW: IT IS NOT CRIMINAL, BURDEN OF PROOF TO THE ADMINISTRATION
“On the abuse of the law – continued the Minister of Economy – the aim is to outline with certainty the conduct that can be contested by the taxpayer. The burden of proof of abuse rests with the administration. Furthermore, "while fraud, tax crimes, evasion fall within the criminal sphere, the abuse of the law has an administrative nature".
COLLABORATIVE FULFILLMENT OVER 10 BILLION
Another novelty concerns the collaborative fulfillment for companies with a turnover of over 10 billion, with which "an exchange of information with the tax administration is started which allows disputes to be identified and a simplified procedure started - he continued the minister -. In this way, the Revenue Agency becomes a consultant to the tax payer and not just a controller”.
ASSESSMENT TERMS
In the Council of Ministers "we also dealt with the terms of the assessment", Padoan said again, explaining that "the doubling of the times" for the criminal checks "is only allowed if the complaint is presented within the ordinary deadline, with legal certainty for the taxpayer".
INTERNATIONAL TAXATION
Finally, the CDM approved the decree on international taxation which regulates the so-called ruling, i.e. the procedure which determines the amount of taxes that an international company must pay to the various States. “The new rules simplify the legislation and fill the gaps also in compliance with international standards – Padoan said -. There is the introduction of the ruling for companies investing in our country”, which “can collaborate with the Revenue Agency to clarify the regime in force in the country”.
