Comment on Order No. 10773 of 2024: Delayed Payment and Sanctions in the Matter of Registration Tax

Order No. 10773 of April 22, 2024, issued by the Court of Cassation, addresses a highly relevant issue in the Italian tax landscape: the sanctions related to the delay in the registration of deeds for the purpose of registration tax. This decision takes place in a complex regulatory context, highlighting how legislative changes have impacted previous practices.

The Regulatory Context

The central issue concerns Article 69 of Presidential Decree No. 131 of 1986, which governs the registration tax. Prior to the amendments introduced by Legislative Decree No. 158 of 2015, the aforementioned article did not explicitly sanction the delay in registration, creating a regulatory gap. The Order clarifies that, despite the absence of specific sanctions in this article, delays nonetheless represent a punishable violation according to the general provisions set forth by Article 13 of Legislative Decree No. 471 of 1997.

Delayed payment - Regime prior to the amendments of Article 69 of Presidential Decree No. 131 of 1986 by Legislative Decree No. 158 of 2015 - Sanction referred to in Article 13 of Legislative Decree No. 471 of 1997 - Applicability - Foundation. In the matter of registration tax, Article 69 of Presidential Decree No. 131 of 1986 (TUR), in the formulation applicable ratione temporis, prior to the amendments referred to in Article 18 of Legislative Decree No. 158 of 2015, does not expressly sanction the delay in the registration of the deed, which, however, constitutes a violation punishable by the sanction provided for in Article 13 of Legislative Decree No. 471 of 1997, this latter provision having general applicability.

Implications of the Judgment

The decision of the Court of Cassation has significant repercussions for taxpayers and professionals in the field. In fact, the ruling establishes that the delay in registration, while not directly sanctioned by Article 69, entails the application of sanctions provided for by other regulations. This means that taxpayers must pay particular attention to registration deadlines to avoid penalties, even in the absence of a provision specifying its application.

Conclusions

In conclusion, Order No. 10773 of 2024 represents an important clarification regarding registration tax, emphasizing how the delay in the registration of deeds can still lead to sanctions. It is essential for professionals and taxpayers to be informed about these aspects to avoid surprises and unwanted penalties. The continuous evolution of tax regulations requires constant updating and meticulous attention to detail.

Bianucci Law Firm