Judicial Transactions: Legal Fees Tax Treatment
accountants’ Training Vademecum Released by CNDCEC
Table of Contents
- accountants’ Training Vademecum Released by CNDCEC
- New Tax Rules for Building Rights Transfers
- Constitutional Court Upholds Additional IRES for Financial Entities
- Revenue Agency Clarifies Tax Treatment of Legal Fee Contributions in Judicial Transactions
- Deadline Extended for SME Energy Self-Production Facilitation
- European Commission Sets Crypto-Activity Authorization Standards
- Updated Usury Threshold Rates Effective April 1, 2025
- ZLS Tax Credit Models approved
- Assonime Discusses Split by Sliding for Pre-Existing Companies
- Cassation Court Rules on R&D Credit Compensation
- Accountants’ Training & Legal Updates: Your Q&A Guide
- What’s New for Italian Accountants in 2025?
- Accountants’ Training Vademecum: What Does It Mean?
- Building Rights Transfers: New Tax Rules
- Constitutional Court Ruling on IRES for Financial Entities
- Tax Treatment of Legal Fees in Out-of-Court Settlements
- SME Energy self-Production: Deadline Extension
- Cryptocurrency Regulations in the EU
- Usury threshold Rates: What’s New?
- ZLS Tax Credit Models: Key Dates
- Splits by Sliding & Pre-Existing companies: Assonime’s Clarifications
- R&D Tax Credit Ruling by the Cassation Court
The National Council of Chartered accountants and Accounting experts (CNDCEC) issued a technical-operational vademecum March 31, 2025, providing updated guidance on continuous professional training for registered accountants. Information no. 50 details refresher courses required by current regulations,serving as a resource for both local chapters and individual members.
New Tax Rules for Building Rights Transfers
As of January 1, 2025, a new tax regime applies to contracts involving the transfer of building rights. Legislative decree no. 139, dated December 30, 2024, modifies article 9 of Presidential Decree no. 131/1986, subjecting these contracts to a proportional tax.
Constitutional Court Upholds Additional IRES for Financial Entities
The Constitutional Court, in sentence no. 34 of March 21, 2025, deemed the 8.5% IRES tax introduced in 2013 on financial bodies constitutional. The court rejected challenges to the tax’s legitimacy, finding it consistent with principles of equality and contributory capacity. The ruling addressed a question raised by the second instance court of Lombardy regarding the constitutional compatibility of decree-law no. 133/2013, article 2, paragraph 2.
Revenue Agency Clarifies Tax Treatment of Legal Fee Contributions in Judicial Transactions
Interpella 85,issued March 28,2025,by the Revenue agency,clarifies the tax treatment of out-of-court settlements involving a public body and a participatory company. The guidance addresses a settlement agreement where one party recognizes legal expenses of 20,000 euros, paid directly to the opposing lawyer.
Deadline Extended for SME Energy Self-Production Facilitation
The deadline for submitting applications for the support program for energy self-production from renewable sources (Fer) for Italian small and medium-sized enterprises has been extended to June 17, 2025. A decree signed March 28, 2025, by the Ministry of Business and Made in Italy, extends the original May 5, 2025, deadline. The extension aims to broaden participation and ensure effective use of the 320 million euros in available PNRR resources.
The European Commission has adopted four regulations defining information models, standard formats, and operating procedures for authorization requests and acquisition evaluations in the crypto-activity sector. Published in the Official Gazette of the European Union, Serie L, on March 31, 2025, these regulations implement Regulation (EU) 2023/1114 (MiCA), which harmonizes crypto-activity rules, imposing prudential obligations, information transparency, and centralized authorizations.
Updated Usury Threshold Rates Effective April 1, 2025
The Ministry of Economy and Finance decree of March 25, 2025, published in Official Gazette no. 73 of March 31, 2025, announced new average global actual rates (TEGM) for usury law application, pursuant to Law no. 108 of March 7, 1996. These rates are effective from April 1, 2025.
ZLS Tax Credit Models approved
The Revenue Agency has approved models for using the tax credit for investments in the ZLS (Special Economic Zone), defining their content and transmission methods. The initial dialogue, indicating eligible expenses incurred from January 1, 2025, must be sent by June 23, 2025. A supplement, certifying investment completion by November 15, 2025, must be sent by December 2, 2025.
Assonime Discusses Split by Sliding for Pre-Existing Companies
Assonime case n. 3 addresses clarifications on splits by means of scorporo, considering guidance from the Notarial Council of Milan (n. 209), the Observatory of the Notarial Council of Florence, Pistoia and Prato (n. 89), and the notary committee of the Triveneto (LG1 and LG2). key issues include assigning to pre-existing companies, establishing exchange relationships, applying derogations for withdrawal rights, estimating assigned assets, and ensuring adaptability and polymorphism of the split.
Cassation Court Rules on R&D Credit Compensation
The Cassation Court, with ordinance no.8287 of March 29, 2025, ruled that the tax credit for research and progress pursuant to L. 296/2006 only needs to be declared in the year the facilitated activities were supported. Subsequent declarations are not required, even if compensation occurs through model F24 in later years. The omitted indication of the credit in the RA framework in subsequent years does not negate its existence.
Accountants’ Training & Legal Updates: Your Q&A Guide
What’s New for Italian Accountants in 2025?
This article provides information about recent updates and changes impacting accountants in Italy, based on announcements made in March 2025. We’ll cover key areas like professional training, tax regulations, and legal rulings.
Accountants’ Training Vademecum: What Does It Mean?
Q: What is the Accountants’ Training Vademecum, and why is it crucial?
A: The National Council of Chartered Accountants and Accounting Experts (CNDCEC) released a technical-operational vademecum on March 31, 2025. This document provides updated guidance on continuous professional training for registered accountants in Italy. It’s an essential resource as it outlines refresher courses required by current regulations.
Q: Who benefits from the Vademecum?
A: This vademecum serves as a key resource for both local chapters of the CNDCEC and individual accountant members.
Building Rights Transfers: New Tax Rules
Q: What are the new tax rules for building rights transfers?
A: As of January 1, 2025, a new tax regime applies to contracts involving the transfer of building rights. This change stems from Legislative Decree No. 139, dated December 30, 2024, which modifies Article 9 of Presidential Decree No.131/1986. These contracts are now subject to a proportional tax.
Constitutional Court Ruling on IRES for Financial Entities
Q: What did the Constitutional Court rule regarding the IRES tax on financial bodies?
A: The Constitutional Court,in sentence no.34 of March 21, 2025, upheld the constitutionality of the 8.5% IRES tax. this tax was introduced in 2013 on financial entities. The court rejected challenges to its legitimacy, finding it consistent with the principles of equality and contributory capacity.
Tax Treatment of Legal Fees in Out-of-Court Settlements
Q: How does the Revenue Agency clarify the tax treatment of legal fees in judicial transactions?
A: Interpella 85, issued march 28, 2025, by the Revenue Agency, clarifies the tax treatment of out-of-court settlements involving public bodies and participatory companies. The guidance specifically addresses scenarios where one party agrees to recognize legal expenses.
SME Energy self-Production: Deadline Extension
Q: What is the deadline extension for the SME energy self-production program?
A: The deadline for submitting applications for the support program for energy self-production from renewable sources (Fer) for Italian small and medium-sized enterprises has been extended to June 17, 2025.The initial deadline was May 5, 2025, the extension was announced in a decree signed March 28, 2025, by the Ministry of Business and Made in Italy.
Cryptocurrency Regulations in the EU
Q: What are the new crypto-activity authorization standards from the European Commission?
A: The European Commission has adopted four regulations outlining information models, standard formats, and operating procedures for authorization requests and evaluations in the crypto-activity sector. These regulations published in the Official Gazette of the European Union on March 31, 2025, implement Regulation (EU) 2023/1114 (MiCA). MiCA aims to harmonize crypto-activity rules, including prudential obligations, clarity, and centralized authorizations.
Usury threshold Rates: What’s New?
Q: when do the updated usury threshold rates become effective?
A: The new average global actual rates (TEGM) for usury law application, announced by the Ministry of Economy and finance on March 25, 2025, are effective from April 1, 2025. These rates were published in Official gazette No. 73 on march 31, 2025.
ZLS Tax Credit Models: Key Dates
Q: What are the key dates for the ZLS tax credit?
A: The Revenue Agency has approved models for using the tax credit for investments in the ZLS (Special Economic Zone).Here’s a breakdown of the deadlines:
Initial Dialog: indicating eligible expenses incurred from January 1, 2025, must be sent by June 23, 2025.
Investment Completion Certification: A supplement, certifying investment completion, must be sent by December 2, 2025.
Splits by Sliding & Pre-Existing companies: Assonime’s Clarifications
Q: What is Assonime discussing regarding splits by sliding for pre-existing companies?
A: Assonime case n. 3 provides clarifications on splits by means of scorporo (sliding split). Key issues include assigning to pre-existing companies, establishing exchange relationships, applying derogations for withdrawal rights, estimating assigned assets, and ensuring adaptability and polymorphism of the split. Assonime considers guidance from the Notarial Council of Milan,the Observatory of the Notarial Council of Florence,Pistoia,and Prato,and the notary committee of the Triveneto.
R&D Tax Credit Ruling by the Cassation Court
Q: What did the Cassation court rule regarding the R&D tax credit?
A: The Cassation Court, with ordinance no. 8287 of March 29, 2025, ruled that for the tax credit for research and progress (L. 296/2006), the credit only needs to be declared in the year the facilitated activities were supported.Subsequent declarations are not required,even if compensation happens in later years thru model F24. The omitted indication of the credit in the RA framework in subsequent years does not negate its existence.
Here’s a summary of the key dates and deadlines to keep in mind:
| Topic | Action | Deadline |
|---|---|---|
| Accountants’ Training Vademecum | Guidance on Continuous Professional Training | Published on March 31, 2025. Refer to CNDCEC for specific training course deadlines. |
| Building Rights Transfers | New Tax Regime Applies | Effective from january 1, 2025 |
| SME Energy Self-Production (Fer) | Application Submission | june 17, 2025 |
| Usury Threshold Rates | New Rates Effective | April 1, 2025 |
| ZLS Tax Credit | Initial Dialogue | June 23, 2025 |
| ZLS Tax Credit | Investment Completion Certification | December 2, 2025 |