Tax Collection: Commentary on Ordinance No. 9866 of 2024

The recent ordinance from the Court of Cassation, No. 9866 dated April 11, 2024, focused on a crucial aspect of tax collection, namely the method of notification of payment notices. In particular, the Court established that the notification carried out by collection agents via registered mail with acknowledgment of receipt is governed by the rules of ordinary postal service, rather than by those of Law No. 890 of 1982. This clarification has significant implications for taxpayers and collection procedures.

The Regulatory Context

Article 26, paragraph 1, of Presidential Decree No. 602 of 1973, which underpins the decision, provides that the notification of the payment notice can occur through simplified methods. The Court emphasized that this simplification is justified by the need to ensure the prompt realization of tax credit, essential for the regular functioning of the State's financial life.

The Court's Maxim

Notification of the payment notice by the collection agent - Direct sending of registered mail with acknowledgment of receipt - Rules on ordinary postal service - Applicability - Basis. In the matter of tax collection, the notification of the payment notice, executed pursuant to Article 26, paragraph 1, second part, of Presidential Decree No. 602 of 1973, by means of direct sending by the agent of a registered letter with acknowledgment of receipt, is governed by the rules concerning ordinary postal service and not by those of Law No. 890 of 1982, as this "simplified" form of notification is justified in relation to the public function performed by the agent for collection, aimed at ensuring the prompt realization of the tax credit to guarantee the regular conduct of the State's financial life.

Practical Implications of the Ruling

This ordinance has several practical implications for taxpayers and collection agents:

  • Clarity on notification methods, which can now make use of ordinary postal rules, simplifying the process.
  • Greater certainty for taxpayers regarding the validity of notifications made in this way.
  • Strengthening the public function of collection agents, highlighting the importance of their activities in ensuring the financial balance of the State.

Conclusions

In conclusion, Ordinance No. 9866 of 2024 from the Court of Cassation represents an important step forward in the regulation of tax collection in Italy. It not only clarifies the notification methods for payment notices but also reaffirms the crucial role of collection agents in ensuring the financial stability of the country. For taxpayers, it is essential to be aware of these rules and their implications, in order to effectively address any disputes or issues related to tax collection.

Bianucci Law Firm