Deductibility of Costs and Powers of the Tax Administration: Commentary on Ordinance No. 9664 of 2024

The recent ordinance No. 9664 of April 10, 2024, issued by the Court of Cassation, offers important insights into the deductibility of costs in the tax field. In particular, it clarifies the powers of the Tax Administration in evaluating the appropriateness of costs and revenues declared by taxpayers. This article aims to analyze the key points of the ruling, highlighting the practical implications for businesses and professionals.

The Regulatory Context and the Ruling

The Court established that the Tax Administration is not bound by the values indicated by the taxpayer in the financial statements and tax declarations. This means that, even in the absence of accounting irregularities, the Administration has the power to contest the deductibility of costs deemed inappropriate or disproportionate to the activity carried out. This principle is framed within a regulatory context defined by DPR 29/09/1973 No. 600, particularly in Articles 38 and 39, which govern tax assessments.

Deductibility of costs - Powers of the Tax Administration - Assessment of appropriateness - Admissibility - Regularity of accounting - Irrelevance. Regarding the deductibility of costs in the context of assessments, the Tax Administration, not being bound by the values or amounts indicated by the taxpayer in the financial statements and declarations, has the power to evaluate the appropriateness of the costs and revenues recorded and, consequently, even if there are no irregularities in the maintenance of accounting records or defects in the corporate legal acts, it has the authority not to recognize the deductibility of a cost deemed nonexistent or disproportionate to the activity carried out or recorded.

The Practical Implications for Businesses

This ruling has significant consequences for businesses as it underscores the importance of appropriateness in the documentation of costs. It is essential that taxpayers can demonstrate not only the regularity of their accounting but also the reasonableness of the expenses incurred. In this context, companies should pay particular attention to:

  • Documenting expenses incurred in detail.
  • Justifying the necessity and proportionality of costs in relation to business activities.
  • Periodically reviewing spending and deductibility policies.

Conclusions

In conclusion, ordinance No. 9664 of 2024 represents a clear reminder of the need for careful management of accounting and tax documentation. The Tax Administration has the power to evaluate the appropriateness of costs, and this implies that businesses must be prepared to defend the deductibility of their expenses with adequate evidence. It is therefore advisable to adopt rigorous accounting practices and consult with tax experts to avoid disputes and future issues.

Bianucci Law Firm