"NEWS May 23, 2016: in Voluntary disclosure the handling of instance follows the risk"

Posted by on May 23, 2016

In the recent circular 16/E/2016 financial administration affirms the need to proceed in a timely manner in the discussion of the instances relating to voluntary disclosure. This examination must be done using organizational and managerial solutions so that the same ends by September 30, 2016, and that the relative positions to all annuities are perfected by December 31, 2016. Note that the latter is the time limit, on pain of forfeiture for the issuance of the assessment and acts of dispute, by Decree-Law September 30, 2015, n. 153, converted, with amendments, by law November 20, 2015, n. 187. Inside the circular cited refers to Directive Protocol. 36709 of March 9, 2016, which, besides promoting timeliness, expresses itself in order to improve the quality of prevention and contrast. Just about that aspect financial administration intends to focus on the concrete real situations rather than relying on formal or small amount essentially disputes. According to the applicant, to identify situations of risk, you must then be made a separate assessment for macro-type of taxpayer and for the socio-economic context of reference. On the basis of this claim the practice document considers appropriate, within a framework of risk analysis, the adoption of databases and the use of applications in aid available.

Digital data collection during the investigation phase of voluntary disclosure and information found in those instances are necessary to facilitate subsequent analysis and elaborations concerning anti-tax evasion. Note that, according to the tax authorities, the instrumentality of this procedure occurs:

  • the identification of highly dangerous phenomena;
  • monitoring of the activities which have been the subject of emergence;
  • in the statistical summary of evasive, including those concerning the allocation of resources and investments abroad.

With regard to this last point will be relevant information received foreign tax authorities in various ways, in this case the automatic exchange and bulk information about entities established in Italy with foreign source income.

The procedure that you configure in the digital collection of data is considered favorable by the Inland Revenue regarding aspects for improvement in terms of efficiency and invasiveness of the action, as the same will use the intersection of data. In this regard the practice document discusses the possible extensions resulting from the analyses carried out during the selection process and the taxpayer's ability to pay, synthetic reconstruction in relation to spending power, namely:

  • related to the taxpayer's socio-familial;
  • regarding the subject's real disposable income.

Note that the latter figure will be found following the reconstruction of the total income, namely through verification of declarative trend over the last three years and the complex investments/divestments realised during the last 5 years. Will be paid particular attention to the identification of operations concerning false invoicing or falsely indicated negative components.

The internal note of the Central Directorate for Assessment of the revenue of March 9, 2016, concerning instances of voluntary disclosure, is expressed on most at risk situations that are configured in:

  • Trust esterovestiti;
  • assets held abroad of which the subject is not the formal nominee with presence of adding other subjects;
  • incoming and outgoing assets handled.

by Sandro Cerato and Clare Raghuram