RISK MANAGEMENT AND CRIME TAX CONSEQUENCES


Scientific Responsible: Prof. Giuseppe Vanz

The research will deal with the tax implications of expenses incurred and revenues earned thought corruption behavior. Starting from 1993, Italian tax legislator has introduced rules aimed to regulate, at first, the tax treatment of income earned from criminal actions and then the tax treatment of the related costs.

The legislation of the above items has been recently changed according with Law Decree n. 16 of 2012 also in order to prevent potential uncostitutional judgement of the law. We point out that, with regard to the previous regime, several Tax Courts asked to Constitutional Court to issue a formal Judgement on the matter.

Doctrine agreed with the uncostitutional doubts on the rules, even if pointing out different approach.

The present legislation, event if modified by Law Decree n. 16/2012 still shows critical aspects.

This topic has long been the object of attention by International organizations being a problem to whom the attention of OECD States has been addressed. In particular, we mention OECD report number C/M(96)8/PROV “Recommendations of the Council on the tax deductibility of bribes to foreign public officials” and number C/M(97)12/PROV “Revised recommendations of the Council on the tax deductibility of bribes to foreign public officials”.

The research field will also include the consequences, in terms of “risk management”, of the new tax regime called “adempimento collaborativo” (as provided by the Legislative Decree n. 147/2015) regarding the possibility to reach with Tax Authority a common intepretation of the tax treatment applicable to facts which could lead to potential tax risk throught prior and steady communication, including the possibilty to advance the tax audit. The mentioned draft Legislative Decree has also been issued in accordance with 2013 OECD recommendation (“Co-operative Compliance: a Framework”).

Within this panel we encourage the submission of contributions addressing the following subjects:

  • tax treatment of expenses sustained and income earned in relation to corruption behaviour and, generally, in relation to criminal conduct: analysis of open issues and potential amendments of the law;
  • tax treatment of expenses sustained and income earned in relation to corruption behaviour and, generally, in relation to criminal conduct: comparison with rules provided by other States;
  • relationship between criminal lawsuit and tax treatment of costs and incomes connected to crimes;
  • the so-called “adempimento collaborativo”: analysis of the Legislative Decree n. 147/2015;
  • the so-called “adempimento collaborativo”: comparison with rules provided by other States.

Publication Opportunities