Negotiated crisis composition: the new ministerial decree reshapes the restructuring plan

by A&P | 9 Jul, 2026 | News - en

In the IUSPod Key Talks podcast by La Scala Società tra Avvocati, Achille Mazzanti and Luca Scaccaglia discuss the key innovations introduced by the Ministerial Decree of 23 April 2026 on negotiated crisis composition proceedings. The episode explores the new approach...

PEX capital gains: the ETR test for pre-ATAD tax years

by A&P, Matteo Aicardi | 9 Jul, 2026 | Publications

Decision no. 1434/2026 of the Milan First-Instance Tax Court addresses the low-tax jurisdiction requirement for the participation exemption in relation to a capital gain realised upon the liquidation of a foreign subsidiary. The court held that the criteria set out in...

Human and technological capital: Filippo Forlani speaks at the Politecnico di Milano Professional Firms Observatory conference

by A&P, Filippo Forlani | 2 Jul, 2026 | Events, News - en

Filippo Forlani, Partner at Aicardi & Partners, participated as a speaker at the conference “Human and Technological Capital: The Future of Professional Firms”, organised by the Professional Firms and Digital Innovation Observatory of the Politecnico...

Source-state taxation of loss-making non-resident taxpayers

by A&P, Fabrizio Ricci | 2 Jul, 2026 | Publications

The Advocate General’s Opinion in Case C-241/25 confirms the Court of Justice of the European Union’s case law holding that a definitive withholding tax on dividends paid to loss-making non-resident companies is incompatible with the free movement of capital where the...

Interest expense, business purpose and economic reasonableness: the Italian Supreme Court requires a quantitative and comparative assessment by the tax authority

by A&P, Matteo Aicardi | 25 Jun, 2026 | Publications

Italian Supreme Court decision no. 19140/2026 clarifies that the deductibility of interest expense for IRES purposes does not require a direct link to specific taxable revenues, but rather a connection with the business activity as a whole. Economic unreasonableness...