Crime of undue compensation: analysis of ruling no. 30092 of 2024

The ruling no. 30092 of April 19, 2024, filed on July 23, 2024, provides an important clarification on the criteria for the integration of the crime of undue compensation, as provided for by Article 10-quater of Legislative Decree No. 74 of March 10, 2000. This legal provision is particularly relevant, as it clearly defines the threshold of punishability and the methods of calculating compensations, a crucial aspect for legal practitioners and taxpayers.

The crime of undue compensation: definition and regulatory context

The crime of undue compensation occurs when a taxpayer makes compensations between tax debts and non-existent credits, exceeding a threshold of punishability specified by law. According to the ruling in question, the threshold of punishability is established for an annual amount exceeding fifty thousand euros, determined by considering the total of compensations made with non-existent credits within a single year.

  • Article 10-quater, paragraph 2, Legislative Decree No. 74 of March 10, 2000: defines the crime of undue compensation.
  • Threshold of punishability set at fifty thousand euros for the annual amount.
  • Determination of the threshold based on the total of compensations within a single year.

Analysis of the ruling's principle

Crime of undue compensation - Threshold of punishability - Annual amount exceeding fifty thousand euros - Determination - Criteria. For the purposes of integrating the crime of undue compensation, as per Article 10-quater, paragraph 2, Legislative Decree No. 74 of March 10, 2000, the exceeding of the threshold of punishability, set "for an annual amount exceeding fifty thousand euros," is identified by considering the total of compensations made with non-existent credits in a single year, regardless of the fiscal years to which the unpaid tax debts or otherwise compensable debts refer.

The principle of the ruling highlights the importance of considering the total of compensations made within a single year, without taking into account the fiscal years of the tax debts. This aspect is crucial, as it provides a clearer view of the taxpayer's responsibility and the risk of incurring criminal penalties. The Court of Cassation has indeed emphasized that it is not just the amount of unpaid debts that determines the threshold of punishability, but the total amount of compensations made that must be considered.

Conclusions

In conclusion, ruling no. 30092 of 2024 represents an important step forward in defining the contours of the crime of undue compensation. The clarity provided on the criteria for determining the threshold of punishability offers greater legal certainty to taxpayers and legal practitioners, reducing the risk of misinterpretations and contributing to greater tax compliance. It is essential that taxpayers are aware of these provisions to avoid incurring penalties and criminal consequences resulting from non-compliant behavior with current regulations.

Bianucci Law Firm