New Italian tax decree imposes stricter evasion penalties

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

New Italian tax decree imposes stricter evasion penalties

Sponsored by

sponsored-firms-hager.png
A series of important changes are imminent

Gian Luca Nieddu and Barbara Scampuddu of Hager & Partners consider the impact of the innovative provisions brought forward by October 2019’s law decree.

The Law Decree no. 124 of October 26 2019 (published in the Italian Official Gazette no. 252 dated October 26 2019), has set out a number of new tax provisions. The new provisions are immediately effective, but will have to be converted into law by the Italian Parliament by December 25 2019 to become final.

Prohibition on the set-off of tax credits in the event of tax debt assumption 


The previous tax codes had provided for the assumption of third party tax debts without exempting the original tax debtor from tax liability. The tax decree amends the law and sets forth that the party who assumes the debt is excluded from the use of its own tax credits to offset the due payments.



Limit for set-off credits – exceeds €5,000 

The new provisions widen the existing rules concerning the set-off payments in respect to VAT credits by extending it to encompass other types of taxes such as direct and substitute. Credits in regard to direct taxes exceeding €5,000 can be used as set-off payments only after the tenth day following the filing of the income tax return or the request from which such tax credit emerges. 



Tax evasion criminal thresholds 

The new decree imposes stricter penalties and lower criminal thresholds for tax evasion. For the offence of filing a false tax return, the amount for the potential evaded tax has been reduced to €100,000 (from €150,000), while the under-declared taxable base has been cut to €2 million (from €3 million). Meanwhile, the criminalisation threshold for withholding taxes resulting from a tax return or a certificate has been reduced to €100,000 (from €150,000); and for failing to pay VAT is reduced to €150,000 (from €250,000). Furthermore, the provision that had previously excluded the criminalisation of evaluations that differ by less than 10% from the correct amount has been repealed.

more across site & shared bottom lb ros

More from across our site

Imposing the tax on virtual assets is a measure that appears to have no legal, economic or statistical basis, one expert told ITR
The EU has seemingly capitulated to the US’s ‘side-by-side’ demands. This may be a win for the US, but the uncertainty has only just begun for pillar two
The £7.4m buyout marks MHA’s latest acquisition since listing on the London Stock Exchange earlier this year
ITR’s most prolific stories of the year charted public pillar two spats, the continued fallout from the PwC Australia tax leaks scandal, and a headline tax fraud trial
The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Hotel La Tour had argued that VAT should be recoverable as a result of proceeds being used for a taxable business activity
Tax professionals are still going to be needed, but AI will make it easier than starting from zero, EY’s global tax disputes leader Luis Coronado tells ITR
AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
Gift this article