Comment on Judgment No. 14954 of 2024: Fraudulent Declaration and Compliance Visa

The recent judgment No. 14954 of 2024 by the Court of Cassation has sparked significant debate regarding the criminal liability of certified professionals in issuing compliance visas. In particular, the Court clarified how the issuance of a "light" compliance visa, in the absence of the necessary prerequisites, can constitute a relevant causal contribution to the crime of fraudulent declaration through the use of invoices for non-existent transactions.

Regulatory and Jurisprudential Context

The crime of fraudulent declaration is governed by Article 4 of Legislative Decree No. 74 of 2000, which provides severe penalties for those who use invoices for non-existent transactions to evade taxes. The judgment in question fits into a complex regulatory context, where the Penal Code, particularly Article 110, establishes that those who contribute causally to another's crime can be punished.

In this case, the certified professional who issues a compliance visa, despite the lack of the legal prerequisites, not only facilitates the illicit act but also strengthens the criminal intent of the taxpayer. Such behavior cannot be considered a neutral act but becomes an integral part of a fraudulent mechanism.

Holding of the Judgment and Reflections

Crime of fraudulent declaration through the use of invoices for non-existent transactions - Issuance of the so-called "light" compliance visa by a certified professional - Relevant causal contribution pursuant to Article 110 of the Penal Code - Existence - Reasons. In terms of tax crimes, the issuance by a certified professional of the so-called "light" compliance visa for the VAT declaration, occurring in the absence of the necessary prerequisites, configures a contributory role, causally relevant pursuant to Article 110 of the Penal Code, to the crime of fraudulent declaration through the use of invoices for non-existent transactions, since such conduct, typically preceding the submission of the declaration, facilitates or reinforces another's criminal intent.

This holding effectively summarizes the Court's position, highlighting how the compliance visa can be a determining factor in the commission of tax crimes. Therefore, the responsibility of professionals is not limited to mere formal errors but extends to behaviors that can facilitate illicit conduct.

Conclusions

Judgment No. 14954 of 2024 represents an important step forward in the fight against tax evasion and tax crimes. It emphasizes the necessity for strict adherence to regulations by certified professionals and calls for reflection on their responsibility. In a context where tax evasion is a matter of national relevance, the firm stance of the jurisprudence can help ensure greater transparency and fairness in the Italian tax system.

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