Commentary on Ordinance No. 9693 of 2024: Tax Credit and Income Declaration

The issue of income declaration is always highly relevant, especially when discussing tax credits. Ordinance No. 9693 of April 10, 2024, issued by the Court of Cassation, provides important insights for understanding the dynamics related to tax incentives in the film sector. This ruling clarifies that tax credits for cinema incentives must be reported in the income declaration for the period in which they were granted, under penalty of forfeiture of the right to use them.

The Regulatory Context

The Court, chaired by R. C., with R. A. as rapporteur, reiterated a fundamental principle: the income declaration is an irrevocable declaration of intent, which cannot be modified once submitted, unless the taxpayer can demonstrate the error and its knowability by the administration. This is based on the general rules regarding defects of will, as outlined in Articles 1427 and following of the Civil Code.

Income declaration - Tax credit for cinema incentives - Reporting in the granting period - Necessity - Forfeiture - Amendability - Declaration of intent - Irrevocability - Existence. In terms of income declaration, tax credits for cinema incentives must necessarily be reported, under penalty of forfeiture, in the declaration for the tax period during which the benefit was granted, as it is an irrevocable declaration of intent aimed at changing the tax base, not amendable in case of error, unless the taxpayer demonstrates that this was known or knowable by the tax administration, according to the general rules regarding defects of will as per Articles 1427 and following of the Civil Code.

Implications of the Ruling

The implications of this ordinance are manifold and particularly concern:

  • Obligation to report: It is imperative that taxpayers report tax credits in the declaration for the period in which they were granted, to avoid forfeiture of the right.
  • Irrevocability: Once the declaration is submitted, it cannot be modified, unless the error is demonstrated with tangible evidence.
  • Knowability of the error: The possibility of amending the declaration is limited to cases where the error was known or knowable by the tax administration.

Conclusions

In summary, Ordinance No. 9693 of 2024 reaffirms a fundamental principle in tax law: the necessity for correct and timely reporting of tax credits. These provisions not only protect the integrity of the tax system but also provide taxpayers with certainty and clarity. It is essential for those operating in the film sector and legal professionals to fully understand these rules to avoid future issues and ensure proper management of tax declarations.

Bianucci Law Firm