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 2026

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previously excluded the criminalisation of evaluations that differ by less than 10% from the correct amount has been repealed.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

The Australian Taxation Office believes the Swedish furniture company has used TP to evade paying tax it owes
Supermarket chain Morrisons is facing a £17 million ($23 million) tax bill; in other news, Donald Trump has cut proposed tariffs
The controversial deal will allow US-parented groups to be carved out from key aspects of pillar two
Awards
ITR invites tax firms, in-house teams, and tax professionals to make submissions for the 2027 World Tax rankings and the 2026 ITR Tax Awards globally
Pillar two was ‘weakened’ when it altered from a multinational convention agreement to simply national domestic law, Federico Bertocchi also argued
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
Gift this article