Considerazioni sulla riapertura dei termini per la rideterminazione del valore delle partecipazioni societarie non negoziate in mercati regolamentati, sull’imposta sostitutiva e sul possibile emergere di condotte abusive

Abstract

The revaluation of equity investments held in unlisted companies was extended, again, by the "Energy decree" of 22 March 2022. The operation - as known - is relevant solely for the purposes of determining other income (article 67, paragraph 1, letter c - c-bis, Tuir), but has nevertheless raised interventions, not always coincident, jurisprudential and of practice, in the light of art. 10-bis of the Statute of taxpayers' rights and, in particular, in relation to the sale of franked shareholdings, the consideration of which is paid by a taxed investee company, rather than with ordinary tax (article 27, Presidential Decree no. 600/1973 ), with the replacement regime (article 5, l. n. 448/2001 as amended), being able to determine an "undue" tax advantage in the absence of "economic substance" and as "essential", provided that there are no "valid non-marginal extra-fiscal reasons"