Order No. 9403 of 2024: Presumption of Income and Bank Investigations

The order no. 9403 of 2024, issued by the Court of Cassation, has generated significant interest regarding the application of the presumption of income inferred from banking operations. This ruling provides important clarifications on the scope of tax investigations and the rights of taxpayers, establishing limits on the activities of the tax administration.

The Regulatory Context

The legal presumption of availability of higher income, as set forth in Article 32, paragraph 1, no. 2, of Presidential Decree No. 600 of 1973, applies not only to holders of business income or self-employment income but extends to all taxpayers. This principle is further supported by Article 38, which pertains to the assessment of the overall income of individuals. However, the Constitutional Court, with ruling no. 228 of 2014, introduced some significant limits.

Assessment - Bank investigations - Presumption under Article 32 of Presidential Decree No. 600 of 1973 - Generality of taxpayers - Applicability - Limits. In the context of income taxes, the legal (relative) presumption of availability of higher income, inferred from the results of bank accounts, pursuant to Article 32, paragraph 1, no. 2, of Presidential Decree No. 600 of 1973, is not limited to holders of business income or self-employment income but extends to the generality of taxpayers, as derived from the subsequent Article 38, concerning the assessment of the overall income of individuals, which refers back to the same Article 32, paragraph 1, no. 2; however, following the ruling of the Constitutional Court no. 228 of 2014, bank withdrawal operations have presumptive value only for holders of business income, while deposit operations apply to all taxpayers, who can contest their effectiveness by demonstrating that they are already included in the taxable income or are irrelevant.

The Implications of the Ruling

This order represents an important step forward for the rights of taxpayers, as it clarifies that:

  • Deposit operations in bank accounts can be used as evidence against all taxpayers.
  • Taxpayers have the right to contest such presumptions by demonstrating that the deposits have already been declared or are not relevant.
  • Withdrawal operations are considered presumptive only for holders of business income.

These clarifications are crucial, as they provide taxpayers with defensive tools against any unjustified tax assessments and ensure a balance between the powers of the administration and the rights of citizens.

Conclusions

In conclusion, order no. 9403 of 2024 represents an important clarification on the presumption of income and tax investigations. The ability for taxpayers to contest presumptions based on banking operations offers greater protection and transparency in their relationship with the tax administration. It is essential that every taxpayer is aware of these rights and seeks the assistance of experts in tax matters to protect their interests.

Bianucci Law Firm