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With provision no. 360494 of 23 November 2020 (Provision), the Italian Revenue Agency revises the structure and content of the transfer pricing documentation requirements for taxpayers who intend to benefit from the penalty protection regime (i.e., non-application of penalties for unfaithful tax return pursuant to article 1, paragraph 6, and article 2, paragraph 4-ter, of legislative decree 18 December 1997).

The new provisions replace the provisions of the director of the Italian Revenue Agency (2010/137654) of 29 September 2010 and are a clear sign of the alignment with the OECD standard.

The new rules will be effective from the current year (i.e., fiscal year 2020) and apply to: (i) companies resident in Italy that are part of a multinational group and that have conducted inter-company transactions with non-resident related parties; (ii) permanent establishments in Italy of non-resident companies; and (iii) resident companies in Italy with permanent establishments abroad that have opted for the so-called branch exemption regime (for transactions between the head office and the permanent establishment and between the latter and other group entities).

With judgement No. 6345 of October 20, 2020, the Council of State ruled on the lawfulness of a tender procedure for the supply of medical devices and, in particular, on the assessment made by the competent contracting authority that, after having reviewed the technical documentation submitted by the successful bidder, considered the products offered by the latter to be fully equivalent to those requested.

As the COVID-19 outbreak continues to create deep concerns on its impact on the health of citizens and disruption to businesses, the Italian Government has reacted with a new package of tax measures reflected in two decrees already issued and another one published today in the Italian Official Gazette that will be further commented in a separate Alert.

New measures aimed at supporting the economy during the Covid19 emergency have been enacted: Decree no. 137/2020 “Ristori”

On 28 October 2020 Italian Government enacted a new Decree (document in Italian here), introducing new measures aimed at supporting employees and businesses affected by the Covid19 crisis.

A tech-entwined world necessarily puts focus on technology companies and the opportunities that arise with them. TMT Talk, the Global TMT industry podcast, will help you navigate and prioritize via insights from top legal advisers in strategic technology markets. We’ll go into the issues, how they affect businesses, society, and the way players deal with them.

Following the entry into force of Article 42 of decree-law 17 March 2020 no. 18 (Cura Italia decree), converted into law 24 April 2020 no. 27, that clarified that ascertained cases of infection caused by COVID-19 during work should be qualified as injuries, a discussion took place with regards to the possibility to transfer such qualification also with regards to private injury policies.