Commentary on Ordinance No. 11072 of 2024: Judicial Costs and Compensation in Tax Litigation

The tax litigation is a complex area of great relevance both for taxpayers and for tax authorities. Ordinance No. 11072 of April 24, 2024, issued by the Court of Cassation, provides important clarifications regarding the issue of judicial costs, particularly in relation to compensation when there is a partial acceptance of claims by the taxpayer. Analyzing this ordinance allows us to better understand the dynamics related to the recognition of tax exemptions and the legal costs associated with them.

The Case and the Court's Decision

In this case, the dispute concerned the appeal against a tax assessment by C. (C. E.) against C. (D. M. A.), related to six properties. The taxpayer contested the failure to recognize exemptions or reductions on some of them. The Court reiterated that, in terms of costs in tax proceedings, the appeal for the failure to recognize distinct exemptions constitutes a single claim articulated in multiple parts. This aspect is crucial, as it implies that the partial acceptance of the requests justifies the compensation of costs, even if the final judgment is favorable to the tax authority.

In general. In terms of costs in tax proceedings, the appeal of the tax assessment by the taxpayer for the failure to recognize distinct and autonomous exemptions or reductions on individual properties, in relation to the same tax, constitutes a single claim articulated in multiple parts, regarding which the partial acceptance, even following the reform of the appealed judgment in favor of the tax authority, constitutes an adequate justification for the compensation of judicial costs. (In this case, the Supreme Court confirmed the appealed decision which ordered the compensation of litigation costs in the appeal due to the partial validity of the grievance proposed by the authority, as the exemption from IMU was recognized concerning two of the six properties subject to the challenged assessment notice).

Implications of the Judgment

This decision has several significant implications for taxpayers and for the management of legal costs in tax matters. In particular, it is worth highlighting:

  • Uniqueness of the claim: The Court clarified that the appeal of a tax assessment can be considered a single claim, even if it concerns multiple properties. This approach simplifies the management of claims and offers greater clarity.
  • Compensation of costs: The partial acceptance of the taxpayer's requests can justify the compensation of costs, meaning that the losing party is not always obliged to bear the entire burden of legal costs.
  • Regulatory References: The decision is based on established norms and principles, such as the Code of Civil Procedure and specific provisions in tax matters, which underline the importance of a fair and just interpretation of legal costs.

Conclusions

In conclusion, Ordinance No. 11072 of 2024 represents a step forward in the protection of taxpayers' rights in tax litigation. It clarifies that judicial costs can be compensated even in the presence of a partial acceptance of claims, thus providing greater protection for the taxpayer. It is essential that legal and tax professionals consider these indications to better guide their clients in similar situations.

Bianucci Law Firm