Judgment No. 26520 of 2024: The Configurability of the Crime of Fraudulent Declaration

The recent judgment No. 26520 of March 14, 2024, filed on July 5, 2024, by the Court of Cassation addressed a crucial issue for tax law: the configurability of the crime of fraudulent declaration through the use of invoices for non-existent transactions. The subject of the decision was the defendant M. R., accused of issuing invoices for the purchase of goods at an incongruous price, but actually made. The Court annulled the conviction without referral, clarifying important principles regarding the distinction between fraud and the legitimacy of commercial transactions.

The Legal Context

According to Article 2 of Legislative Decree No. 74 of March 10, 2000, fraudulent declaration is configured when there is the use of invoices or documents for non-existent transactions. However, the Court highlighted that the indication of invoices that certify commercially performed operations, even if at an incongruous price, does not automatically constitute the contested crime. This is a fundamental aspect, as the reality of the operation must prevail over the price discrepancy.

The Maxim of the Judgment

Fraudulent declaration through the use of invoices or other documents for non-existent transactions – Purchases of goods for business activity at an incongruous price – Crime referred to in Article 2 of Legislative Decree No. 74 of 2000 – Configurability – Reasons – Case. In terms of tax crimes, the indication, in the declaration relating to income and value-added taxes, of invoices for the purchase, at an incongruous price, of goods used for business activity, does not constitute the crime referred to in Article 2 of Legislative Decree No. 74 of March 10, 2000, in cases where the commercial transaction has been genuinely carried out and the price actually paid, since such invoices, accurately describing the operation executed, do not imply any divergence between the commercial reality and its documentary expression. (Case in which the Court annulled without referral the conviction for the crime in question, issued in relation to the use, by a wine-producing company, of invoices concerning the purchase, actually made, of grapes, certifying costs significantly higher than the average selling price of that product).

Practical Implications and Conclusions

This judgment marks an important evolution in the jurisprudence regarding tax crimes. Entrepreneurs must now pay particular attention to tax documentation, ensuring that every transaction is duly justified and documented. It is essential that invoices reflect operations that actually occurred. The consequences of a misinterpretation of the regulations can be severe, but this judgment helps clarify that mere price incongruity is not sufficient to configure the crime. The Court of Cassation has, therefore, reiterated the importance of evaluating the substance of commercial operations above the form, a principle that should guide future decisions in this area.

Bianucci Law Firm