According to 2023 Budget Law, profit and non-distributed profit reserves accrued by foreign participated company, benefitting from a preferential tax regimes, can voluntarily be subject to a reduced substi…
Abstract
The orders of the Supreme Court nos. 24060, 24667 and 26219 of 2021 offer the opportunity to retrace two fundamental junctures in the evolution of the tax rules on shell companies: the first, represented by the regulatory interventions of 2006, which by establishing a stringent "institutional knot" with the rules of interpellation have generated the well-known querelle about the compulsoriness of the so-called "disapplicative" interpellation; the second, represented by Legislative Decree no. 156/2015, which by modifying the rules of interpellation has redesigned the operational profiles of shell companies. The second, represented by Legislative Decree no. 156/2015, which by modifying the regulations on appeals has redesigned the operational profiles of shell companies. With respect to the time span included between these two fundamental junctures, the Supreme Court, with the orders in comment, reiterated the merely optional nature of the interpellation petition provided for by the previous paragraph 4-bis of art. 30 of Law no. 724/1994 and the absence of any preclusion related to the failure to submit the petition.
Published on GT – Rivista di Giurisprudenza Tributaria (IPSOA) by Amedeo Menaguale e Sarah Eusepi.
