Voluntary disclosure: now the going gets tough. Published instructions of … – Studio Cataldi

Marina Crisafi – With the addition of the last missing piece of the puzzle, can officially starting the operation voluntary disclosure.

The Tax published yesterday, in fact, the circular no. 10 / E containing the expected operating instructions which, along with the models and technical specifications prepared in recent days (see article “ Voluntary disclosure: Revenue give the green light to models and software for procedure “ ), they get into the procedure for the return of capital confined abroad to which you can access up to 30 September.

The rules on the return of capital, in the Law n. 186/2014 , in view of a strategy to fight evasion internationally and tax “collaborative,” he remembers, allow taxpayers to regularize activities (money, goods, capital), held abroad in violation of the tax provisions , through the payment of taxes due but with significant reduction of the sanctions and the non-punishment for tax offenses committed.

They can access it, as stated in the circular all “individuals, non-commercial entities, simple partnerships and associations treated, tax resident in the State that violated the obligations relating to fiscal monitoring “.

To join the procedure is not necessary, moreover, that the person concerned is tax resident in Italy at the time of submission of the application, but it is sufficient that the same was in this condition for “at least one of the tax periods for which the procedure is activated” or had fixed domicile or residence, in fact, for most of the tax period.

The procedure is also extended to those who while residing abroad, have maintained the domicile of fact or a stay in Italy (cd “Foreign residents fictitious”) and, with reference to companies, associations and non-commercial entities, which do not have their registered office in Italy, have in fact had headquarters or principal object of the State territory for most for the tax years involved in the procedure (called “subjects esterovestiti”), as well as the trust that they have violated the provisions of fiscal monitoring.

The procedure of “regularization” is also extended to investments and financial assets held illegally by Italian citizens in the countries of the “black list” that have signed agreements with Italy.

To be excluded, however, taxpayers before applying for the access of the procedure they are aware of a ccessi, inspections or audits, other administrative tasks of assessment, their condition of suspected or accused of in criminal proceedings for violations of tax laws.

Payments of amounts due may be made in full or in three installments , but not is provided for the compensation. Failure to pay even a single installment, does not allow for the completion of the procedure and starts new tax assessments.

Requests for access to the procedure may be presented Only on the internet (by September 30) and within 30 days of the application, must be completed and the necessary documentation attached to the report accompanying technical.

At this point, the Agency will invite the taxpayer to the adversarial and, in case of acceptance of the amounts claimed by the tax authorities, adherence to voluntary disclosure will be completed with the imposition (“discounted”) sanctions for violations committed in respect of each tax year and taxes evaded.