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A tax assessment not duly considering the context where a professional works, is unlawful

  • 11/12/2017

With Order no. 25929/2017, the Italian Court of Cassation has stated that a tax assessment, based on “studi di settore”, which does not duly consider the social and economic environment where a professional works, is unlawful.

The Court has observed that when there is no correspondence between the income expected by the Revenue Agency and the income declared by the taxpayer, this does not necessarily mean that the taxpayer has committed an irregularity. The taxpayer is then allowed to justify that difference and provide the reasons and the factors which had a negative influence on the total amount of his income.

According to the Court, suitable reasons are the poorness of the social and economic environment where the professional works, as well as the low income of his clients.

 

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