Validity of additional “chain” submissions
The Firm has assisted a leading financial intermediary in tax litigation relating to the adjustment of a tax credit shown in the tax return and offset against other direct payments.
The peculiarity of the matter consisted in the fact that the tax credit, referring to undue payments made by the intermediary in previous years, had been brought to light in the declaration through the submission of additional “chain” documents in favour of the taxpayer and was contested by the Agency in an automated control.
The Tax Court, with a sentence that has not yet become final, upheld the appeal, establishing that the automated control could not be considered a suitable instrument for the recovery of tax credits shown in the declaration in alleged violation of Article 2, paragraph 8-bis, of Presidential Decree 322/1998, as amended by Legislative Decree 193/2016. The ruling constitutes a precedent, as it states that, in principle, the use of tax credits resulting from additional “chain” submissions in favour of the taxpayer is not formally illegal.