printable version | January 2022
On December 30, 2021, Annex 1-A of the 2022 Miscellaneous Tax Resolution (“Annex 1-A RMF 2022”) was published, which provides that taxpayers who intend to file the cancellation notice in the RFC due to a merger of companies (“Cancellation Notice”) must first comply with the procedure provided for in form 316/CFF (“Compliance Notice”), through which it is verified that the merging party complies with the requirements so that the Cancellation Notice can be filed.
Essentially, it must be verified that the merging company does not have tax credits, is not published on blacklists and that the declared income matches the digital tax receipts issued. The authority has a period of 10 business days to resolve this procedure, without implying that the deadline for submitting the Cancellation Notice is suspended.
As a result of the above, there is a risk that mergers that were concluded at the end of 2021 may not obtain the Notice of Compliance in time, which would result in the mergers being considered taxable for tax purposes.
In light of the above, we remain at your service to analyze what alternatives can be implemented to mitigate these tax consequences.
***The publication of this note does not constitute legal advice, nor is it intended to be applicable to particular cases.
If you require additional information, please contact the partner responsible for your matters or one of the lawyers mentioned below:
