Notice of Options for Credit Transfer or Invoice Discount – Cancellation – Impugnability – Litigation between Deduction Recipient and Contractor who Performed the Work

Current Italian tax legislation, particularly with reference to the Superbonus, includes specific provisions regarding the disclosure of options for credit assignment or invoice discounting. In the event of cancellation of such options, significant legal implications emerge, especially with regard to the necessary lis pendens between the recipient of the deduction and the contractor performing the work.

Necessary Litigation

When an appeal is filed against the cancellation of the option for credit assignment or rebate on consideration, a necessary lis pendens arises between the beneficiary of the deduction (appellant) and the enterprise that performed the work. This principle derives from the indissolubility of the situation, as the enterprise can only offset the tax credit if the notice submitted by the beneficiary is valid and accepted.

Intervention of the Executing Company

In any case, the enterprise that carried out the work has the right to file a writ of intervention. This document must be served on the counterparties and is a means for the enterprise to actively participate in the judgment. This possibility is essential to protect its interests, since the cancellation of the assignment of credit or invoice discount can have significant economic repercussions on the enterprise itself.

Legal and Fiscal Implications

The provisions on necessary lis pendens emphasize the importance of close cooperation between beneficiary and contractor, both at the stage of communicating options and in the event of litigation. The regulations ensure that both parties are involved in the court proceedings, thus ensuring a fair and balanced resolution of disputes.

Annulment Procedure and Defense

In the context of the Superbonus, cancellation of the option for credit assignment or invoice discount can result from various reasons, including errors in communication or discrepancies in requirements. The possibility for the company to intervene in the judgment provides an additional means of defense, allowing it to present documentation and arguments supporting the validity of the assignment or discount.

Conclusions and Recommendations

In light of the above, it is crucial for businesses and beneficiaries of the deduction to pay close attention when communicating options for credit assignment or invoice discounting. The proper handling of such procedures not only avoids litigation, but also ensures full enjoyment of the tax benefits provided by the regulations.

For further insights and regulatory updates, it is recommended that official sources be consulted and expert tax advisors be consulted.

 

 

Sources:

• Decree-Law No. 34 of May 19, 2020, converted with amendments by Law No. 77 of July 17, 2020
• Internal Revenue Service – Measures and Circulars on Superbonus