Anti-abuse assessments of contributions under the controlled realisation regime need to be recalibrated

by A&P, Fabrizio Ricci | 28 May, 2026 | No Catgory

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...

Disproportionate profit distributions: strengths and weaknesses of Italian Revenue Agency Ruling No. 90/2026

by A&P, Matteo Aicardi, Fabrizio Ricci | 28 May, 2026 | Publications

A contribution published in IPSOA Quotidiano examines Italian Revenue Agency Ruling No. 90/2026, which for the first time addresses the tax treatment of profit distributions made on a basis that is disproportionate to shareholders’ equity interests. According to...

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...

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...

Contributions for future capital increases: limits on anti-avoidance recharacterisation

by A&P, Fabrizio Ricci | 30 Apr, 2026 | Publications

Italian Supreme Court decision no. 8255/2026 addresses the potential recharacterisation of contributions for future capital increases as intragroup loans for the purposes of applying the abuse-of-law doctrine. The ruling raises significant concerns regarding the tax...