Judgment No. 9010 of 2024: The Doubling of Tax Assessment Deadlines and Conditions for Expiry

The recent judgment No. 9010 of April 4, 2024, issued by the Court of Cassation, provides important clarifications regarding the expiry deadlines for the notification of tax assessment notices. In particular, the Court addressed the issue of the doubling of deadlines provided for by Article 43, paragraph 3, of Presidential Decree No. 600 of 1973 and its relationship with the obligation to file a criminal complaint, establishing fundamental principles for the Tax Administration and taxpayers.

The Doubling of Assessment Deadlines

According to Article 43, paragraph 3, of Presidential Decree No. 600 of 1973, in the presence of serious indications of a crime, the deadline for the notification of assessment notices may be doubled. However, Judgment No. 9010 clarifies that this doubling is not cumulative with the two-year extension provided for by Article 10 of Law No. 289 of 2002 for those subjects who could not benefit from the tax amnesty.

The Implications of the Judgment

The implications of this judgment are multiple and concern both the Administration and taxpayers:

  • The doubling of deadlines for tax assessment is subject to the existence of indications of a crime and the obligation to file a criminal complaint.
  • The non-cumulability with the two-year extension protects taxpayers from excessive expansion of assessment deadlines.
  • For the purposes of expiry, the maximum temporal extension provided by the most favorable regulation for the Administration must be considered.
Expiry deadlines - Doubling - Conditions - Obligation to file a criminal complaint - Non-cumulability with the two-year extension referred to in Article 10 of Law No. 289 of 2002 - Exclusion - Maximum temporal extension - Most favorable regulation for the Administration. In the field of tax assessment, the doubling of deadlines for the notification of assessment notices provided for by Article 43, paragraph 3, of Presidential Decree No. 600 of 1973, in force ratione temporis, in the presence of serious indications of a crime that give rise to the obligation to file a criminal complaint, is not, in light of the interpretation provided by Judgment No. 247 of 2011 of the Constitutional Court, cumulative with the two-year extension referred to in Article 10 of Law No. 289 of 2002 for subjects who have not benefited from the amnesty or who could not do so, while for the purposes of the expiry of the Administration's taxing power, the maximum temporal extension provided by the individual regulation most favorable to it must be considered.

Conclusions

In conclusion, Judgment No. 9010 of 2024 represents an important reference point for the management of tax assessments in the presence of indications of a crime. It clarifies the time limits within which the Administration can exercise its taxing power, while ensuring greater protection for taxpayers. It is essential for anyone facing an assessment notice to understand these dynamics and, if necessary, to consult experienced professionals to protect their rights.

Bianucci Law Firm