Italian tax court dismissed appeal as new law prohibits inductive plusvalence assessment based on registration tax value.
Sintesi Legislator
Generato dall'IAThe Italian Supreme Court rejected the Revenue Agency's appeal against a regional tax commission decision regarding property plusvalence taxes. The taxpayers successfully argued against the tax authority's attempt to use the registration tax value as an inductive basis for calculating income tax on capital gains. The court ruled that a subsequent legislative change retroactively invalidated this method, mandating that plusvalence be calculated based on the actual sale price difference rather than the registration tax value.
Regesto Legislator
Generato dall'IAArt. 5, comma 3, del d.lgs n. 147 del 2015; The financial administration cannot inductively assess capital gains based on the value declared for other taxes, as the taxable base for IRPEF is the difference between the sale price and the purchase price.