Abuse of the corporate veil: burden of proof and scope of anti-avoidance measures

by A&P, Fabrizio Ricci | 21 May, 2026 | Publications

Italian Supreme Court order no. 3728/2026 addresses the abuse of the corporate veil, confirming the broad scope of Article 37(3) of Presidential Decree no. 600/1973, which encompasses both fictitious and genuine interposition. The decision also reiterates the central...

Assignee of the receivable not entitled to issue a credit note

by A&P | 21 May, 2026 | Publications

In case T-233/25, the General Court of the European Union clarifies that the right to reduce the VAT taxable amount under Article 90(1) of Directive 2006/112/EC, and consequently to issue a credit note, remains with the person liable for the VAT arising from the...

Corporate tax residency: the Italian Supreme Court reaffirms the centrality of the place of effective management

by A&P, Matteo Aicardi | 21 May, 2026 | Publications

With order no. 3591/2026, the Italian Supreme Court reaffirms, in the context of corporate tax residency (so-called esterovestizione), that the decisive criterion under Article 73(3) of the TUIR is the place where the entity’s effective management and decision-making...

Business transfers in negotiated crisis composition: Achille Mazzanti featured on IUSPod Key Talks

by A&P, Achille Mazzanti | 20 May, 2026 | News - en, Podcast

Achille Mazzanti was featured on IUSPod Key Talks, the podcast series by La Scala Società tra Avvocati, discussing business transfers within negotiated crisis composition proceedings under Article 22 of the Italian Crisis and Insolvency Code. The discussion covered...

Participation exemption: abusive classification as a financial fixed asset of a shareholding already agreed for sale

by A&P, Fabrizio Ricci | 14 May, 2026 | Publications

The Italian Supreme Court addresses the requirements for the application of the participation exemption under Article 87 of the TUIR, with particular reference to the classification of the shareholding as a financial fixed asset in the first financial statements...