Published in: TP Week - 1 May 2019
During Telefisco 2019, Italy’s annual tax conference, Italy’s tax authority clarified several transfer pricing (TP) tenants. Notably, the most important include:
Clarification regarding when penalty protection may be applied to TP documentation; and
The inapplicability of penalties for filing discrepant tax returns in the TP area.
Penalty protection
In accordance with Article 1, Paragraph 6, and Article 2, Paragraph 4 of Legislative Decree No. 471/1997, if a taxpayer provides the authorities with adequate documentation that shows TP policy was applied appropriately within intercompany transactions, penalties for administrative violations related to tax return discrepancies may not apply (i.e. “penalty protection”).