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The IMU taxable person in case of termination of the leasing contract

  • 19/04/2021

The Court of Cassation with order no. 9624 of April 13, 2021, in the event of termination of the "leasing" contract, the taxable person of the IMU returns to being the lessor, even if he has not yet acquired the material availability of the asset due to non-delivery by the lessee, as, for tax purposes, it is not so much the material possession of the asset that is relevant, but the existence of a contractual bond that legitimizes the qualified detention, conferring the same the ownership of opposable rights "erga omnes", which remains as long as the relationship is in effect juridical, translating instead into mere detention without a title following its disappearance.

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