Order No. 8823 of 2024: Clarifications on the Notification of Tax Acts in Cases of Absolute Unavailability

The recent order no. 8823 of April 3, 2024, issued by the Court of Cassation, provides important clarifications regarding the procedure for notifying tax acts in cases of absolute unavailability of the taxpayer. This aspect is crucial to ensure the respect of the taxpayer's rights and the effectiveness of tax acts.

The Regulatory Context

The relevant legislation is that of Presidential Decree No. 600 of 1973, particularly Article 60, paragraph 1, letter e), which establishes the notification procedures for individuals who are found to be unavailable. The order in question clarifies that, before proceeding with the notification, the notifying officer or judicial official must conduct searches to verify that the taxpayer no longer has a residence or office in the Municipality where the tax domicile was registered.

  • Mandatory preventive searches
  • Verification of absolute unavailability
  • Content of the notification

The Meaning of the Doctrine

Notification pursuant to Article 60, paragraph 1, letter e), of Presidential Decree No. 600 of 1973 - Preconditions - Absolute unavailability - Preventive searches by the notifier - Content. In the context of notifying tax acts, the notifying officer or judicial official, before carrying out the notification according to the methods provided for "absolutely unavailable" persons, under Article 60, paragraph 1, letter e), of Presidential Decree No. 600 of 1973, instead of that pursuant to Article 140 of the Civil Procedure Code, must conduct searches aimed at verifying that the taxpayer no longer has either a residence or an office or business in the Municipality where they had their tax domicile.

This doctrine highlights the importance of a diligent approach by the notifier. It is not enough to declare mere unavailability to proceed with a notification. The order requires a concrete verification to ascertain that the taxpayer is no longer present in the registration Municipality. This represents a fundamental step in ensuring the taxpayer's right to defense, avoiding notifications that could be deemed null if not supported by adequate searches.

Conclusions

In conclusion, order no. 8823 of 2024 serves as a warning to all legal practitioners and competent authorities. The correct application of the rules regarding the notification of tax acts is essential for respecting procedural guarantees. The Court of Cassation, with this decision, reaffirms the importance of careful evaluation of the taxpayer's situation before proceeding with tax acts, thus emphasizing the need for fair and transparent justice in the fiscal field.

Bianucci Law Firm