The 2016 Stability Law outlines new time limits for the tax
assessment period and new rules relating to mandatory checks by the
Italian tax authorities.
The Stability Law (approved by Law No. 208 on 28 December 2015)
provides new time limits for the forfeiture of the tax assessment
period and new rules relating to mandatory checks by the tax
From 31 December 2016, the ordinary terms for notification of
the notices of income and VAT tax assessment are extended by one or
two years; depending on whether the taxpayer has filed his/her tax
return or not, repealing the mechanism of doubling of the terms in
the event of a fiscal offence.
The new rule
The provision contained precisely in the Stability Law, in
paragraphs 129 to 132 of Art. 1, intervened in particular on the
Art. 43 of Presidential Decree of 29
September 1973, No. 600: the assessment notices for income purposes
shall be notified, under penalty of forfeiture, by 31 December of
the fifth year following the year in which the tax return was filed
(provision thus amended by Art. 1 of Law No. 208/2015; previously,
the notification could be served by 31 December of the following
In cases of failure to file a tax return or in the event of
filing of a void tax return, in accordance with the provisions of
Title I of Presidential Decree No. 600/1973, the assessment notice
may be served until 31 December of the seventh year following the
one in which the tax return should have been filed (previously, by
31 December of the following fifth year).
Art. 57 of Presidential Decree of 26
October 1972, No. 633: notices relating to VAT adjustments and
assessments must be served, under penalty of forfeiture, by 31
December of the fifth year following the year in which the tax
return was filed (previously by 31 December of the following fourth
Where the tax return is not filed, the tax assessment notice may
be served until 31 December of the seventh year following the year
in which the tax return should have been filed (previously, by 31
December of the following fifth year).
In the event of a request for refund of excess tax, if more than
15 days have elapsed from the date of notification of the request
for documentation from the Tax Office, the deadline to submit the
documentation requested is extended by a period of time equal to
that included between the 16th day and the date of actual delivery
of the documentation.
Starting from fiscal year 2016, the ordinary terms for
assessment for income and VAT tax purposes have been extended by
one year, or two years in the event of failure to file a tax
return. Conversely, for the past, the rules provided for by
Legislative Decree No. 128/2015 in force until the returns (Modello
UNICO form 2016) regarding the 2015 tax period will instead apply,
with the application of the doubling of the terms in the event of
breach pursuant to Article 331 of the Italian Code of Criminal
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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