A member of our team recently published a paper on the prestigious law journal Corriere tributario no. 5/2020, discussing the latest EU case-law regarding the s.c. “right to be heard” and the possible implications for tax assessment of transfer prices.
In particular, having regard to tax assessments, recent Italian tax case-law pointed out that the companies hold the “right to be heard” by the Tax Office only in cases where the assessment is carried out through access to the company’s office. Consequently, such a right would not be guaranteed in case of transfer pricing assessments that didn’t involve inspections.
This case-law cannot be accepted since, in preferring a literal interpretation of Italian tax rules, it does not factor in EU case-law regarding the “right to be heard”.
The paper addresses the matter from a critical point of view proposing a possible interpretation of Italian tax rules that would be in line with EU case-law.
Click on the thumbnail to read the paper:
