December 2015 report
Transcript
December 2015 report
Tax Alert KPMG in Italy 23 December 2015 Italy starts the implementation of the BEPS actions with the CbCr Offices Milan Via Vittor Pisani 27, 20124 T: +39 02 676441 - F: +39 02 67644758 Ancona Via I° Maggio 150/a, 60131 T: +39 071 2916378 - F: +39 071 2916221 Bologna Via Andrea Costa 160, 40134 T: +39 051 4392711 - F: +39 051 4392799 Florence Viale Niccolò Machiavelli 29, 50125 T: +39 055 261961 - F: +39 055 2619666 Genoa P.zza della Vittoria 15/12, 16121 T: +39 010 5702225 - F: +39 010 584670 Naples Via F. Caracciolo 17, 80122 T: +39 081 662617 - F: +39 081 2488373 Padua Piazza Salvemini 2, 35131 T: +39 049 8239611 - F: +39 049 8239666 Perugia Via Campo di Marte 19, 06124 T: +39 075 5734518 - F: +39 075 5723783 Pescara P.zza Duca D'Aosta 34, 65121 T: +39 085 4210479 - F: +39 085 4220295 Rome Piazza delle Muse 8, 00197 T: +39 06 809631 - F: +39 06 8077459 Turin C.so Vittorio Emanuele II 48, 10123 T: +39 011 883166 - F: +39 011 8395865 Verona Via Leone Pancaldo 68, 37138 T: +39 045 8114111 - F: +39 045 8114390 Yesterday the Italian 2016 Budget Law ('Disposizioni per la formazione del bilancio annuale e pluriennale dello Stato – Legge di Stabilità 2016') was finally approved, with amendments (Act n. 2111-B), by the Italian Parliament, Unless provided differently with respect to specific Law provisions this will enter into force January 1, 2016. Among several tax provisions (which will be commented in detail with a further Tax Alert), par. 145 of art. 1 introduces Country by Country yearly reporting ('CbCr') obligations for Multinational Entities ('MNEs'), as a first measure to align with the OECD recommended actions to combat Base Erosion and Profit Shifting. The content of the reporting includes MNEs’ by Country revenues, gross profit, paid and accrued taxes, together with additional indicators of effective economic activities preformed, which will be highlighted by a detailed implementing Decree to be issued within 90 days from when the Law will enter into force. The future Decree should also detail due dates, filing instructions, other terms and conditions of the reporting obligation, in compliance with the OECD recommendation (reference is implicitly made to BEPS Action 13). The Budget Law does not provide specifically in this respect, but considering the reference to the OECD recommendations (see Action 13: Guidance on the implementation of Transfer Pricing Documentation and Country by Country Reporting Proposals, published in February 2015), CbCr should apply to FY 2016 and MNEs could be due for the first filing in 2017 (maybe within the same terms provided for the submission of the Income tax return, i.e. September 30th 2017, with respect to income of 2016. This is also the same term for the preparation of the national transfer pricing documentation, under Italian regulations): the Decree should clarify this point. The obligation to report is provided for the following entities: 1. Italian tax resident ultimate parent companies of an MNE, i.e. Italian tax resident companies that control an MNE, and a) are due by Law to file group consolidated financial statements, b) whose consolidated turnover in the FY TAX ALERT / KPMG in Italy / 23 December 2015 © 2015 Studio Associato - Consulenza legale e tributaria, an Italian professional partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative ('KPMG International'), a Swiss entity. All rights reserved. prior to that to be CbC reported was of at least €750 million and c) are not controlled by anything else other than individual persons; 2. Italian resident companies controlled by foreign companies which are due by Law to file group consolidated financial statements in a State which has not implemented the CbCr, or in a State which has no Qualifying Competent Authority Agreement to exchange the CbCr with Italy, or, in a State that does not comply with the obligation to exchange CbCr. The tax authorities will preserve at least the same confidentiality on CbCr information, that would apply if such information was provided to them under the provisions of the Multilateral Convention on Mutual Administrative Assistance in Tax Matters. Sanctions in the range of €10,000 to €50,000 will apply if the CbCr is not filed, is incomplete or untrue. Contact us Studio Associato - Consulenza legale e tributaria TAX ALERT / KPMG in Italy / 23 December 2015 Domenico Busetto KPMG, Tax & Legal T: +39 045 811 4111 E: [email protected] © 2015 Studio Associato - Consulenza legale e tributaria, an Italian professional partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative ('KPMG International'), a Swiss entity. All rights reserved. The KPMG name, logo and 'cutting through complexity' are registered trademarks or trademarks of KPMG International Cooperative ('KPMG International'). Studio Associato - Consulenza legale e tributaria is a leading Italian law firm and a member firm of KPMG International for tax and legal services. kpmg.com/it The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.