Inheritance tax exemption and estate co-ownership: control cannot be established by combining jointly held and individually owned interests

by A&P, Fabrizio Ricci | 10 Jun, 2026 | Publications

Italian Revenue Agency Ruling No. 109/2026 clarifies that, for the purposes of the inheritance and gift tax exemption, shareholdings transferred mortis causa and held jointly by the heirs cannot be combined with interests already owned individually by them in order to...

The elimination of tax-suspended reserves in corporate reorganisations

by A&P, Matteo Aicardi, Fabrizio Ricci | 8 Jun, 2026 | Publications

A contribution published in Rivista delle Operazioni Straordinarie no. 5/2026 examines the treatment of tax-suspended reserves in corporate reorganisations, with particular focus on potential abuse-of-law issues. Failure to reconstitute the reserve may be regarded as...

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...