Decision no. 50/1/2026 of the Bergamo First-Instance Tax Court addresses the application of the general anti-abuse rule to share contributions carried out under the controlled realisation regime pursuant to Article 177(2) of the TUIR. The ruling raises critical issues both as to the identification of an undue tax advantage based on transactions that were merely contemplated and as to the emphasis placed on the “circular” nature of the transaction, where the unchanged ownership outcome may result from the statutory conditions governing access to the regime itself.
Published in La Circolare Tributaria no. 24/2026 by Euroconference.
