Home » Unfaithful declarations, non-payment and shield to companies: those assists to tax evaders in the tax delegation

Unfaithful declarations, non-payment and shield to companies: those assists to tax evaders in the tax delegation

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Unfaithful declarations, non-payment and shield to companies: those assists to tax evaders in the tax delegation

ROME. The Deputy Economy Minister Maurizio Leo had already tried in December in the budget law, but a very tough political opposition, even in the centre-right, had stopped him. But with the bill enabling the tax authorities, his project to mitigate and in some cases cancel the penalties for those who evade – there is the decriminalization of the unfaithful declaration and omitted payment – has passed. Minister Giancarlo Giorgetti talks about taxation that from “repressive becomes preventive”, but the new secretary of the Democratic Party Elly Schlein does not make discounts: “The executive favors those who are better off and have the highest incomes”, she attacks.

Making misrepresentations is not a crime
The government calls the system that mitigates and in some cases cancels the penalties “Fisco Amico”. The text of the reform reads that “specific measures to lighten the criminal tax penalties will be identified, in particular those connected to the crime of unfaithful declarations”. Also on the administrative front the sanctions will be reduced because “they currently reach intolerable levels”.

Schlein effect, the Pd returns to 20%. The migrant case weighs, FdI below 30%

Alessandra Ghisleri


Who doesn’t make it, you don’t pay
We are moving towards a halt to penal sanctions for the so-called evasion of necessity: omitted payment is not a crime in the case of “the inability to meet the payment of the tax due to facts that are not attributable to the non-compliant subject”.
Furthermore, the judge will have to take into account any agreements reached in administrative or judicial proceedings which imply «the irrelevance of the fact for criminal purposes».

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The business shield
The lightening of the penal sanctions connected to the crime of making unfaithful declarations is also envisaged for companies adhering to the “cooperative compliance”, which have engaged in non-malicious conduct and promptly notify the tax authorities. This is a rewarding effect in favor of taxpayers who adhere to spontaneous compliance, a regime currently reserved for subjects who carry out a turnover of no less than one billion euros, a threshold that the government intends to reduce.

Automatic deletion of folders
The delegation establishes “the automatic discharge” of the uncollected tax bills after five years. And for old debts, long extensions of up to 120 installments.

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