The ATAD directive adopts a common strategic approach in order to prevent market fragmentation and to put an end to the misalignments and market distortions that currently exist, while limiting itself to dictating general provisions, leaving the task of implementation to the Member States, which is they are in a better position to define the specific elements of these rules in the manner most suited to the respective corporate tax regimes. In particular, the art. 5 of the Directive contains the organic provisions of the discipline of "outgoing taxation" - c.d. exit tax - on the basis of which the provisions regarding “recognition of incoming values” - c.d. entry tax. In Italy, the Legislative Decree of November 29, 2018, No. 142 under Articles 2 and 3 transposed Article 5 of the ATAD Directive and contains significant changes in terms of direct taxation in the event of the transfer abroad of subjects who exercise commercial enterprises, regulated by the art. 166 of T.U.I.R. (exit tax) and the transfer in Italy of subjects that exercise commercial enterprises resident abroad, regulated by the art. 166-bis of T.U.I.RR. (c.d. entry tax).
Direttiva ATAD: le novità in tema di “Exit Tax” ed “Entry Tax”
Clelia Buccico
2019
Abstract
The ATAD directive adopts a common strategic approach in order to prevent market fragmentation and to put an end to the misalignments and market distortions that currently exist, while limiting itself to dictating general provisions, leaving the task of implementation to the Member States, which is they are in a better position to define the specific elements of these rules in the manner most suited to the respective corporate tax regimes. In particular, the art. 5 of the Directive contains the organic provisions of the discipline of "outgoing taxation" - c.d. exit tax - on the basis of which the provisions regarding “recognition of incoming values” - c.d. entry tax. In Italy, the Legislative Decree of November 29, 2018, No. 142 under Articles 2 and 3 transposed Article 5 of the ATAD Directive and contains significant changes in terms of direct taxation in the event of the transfer abroad of subjects who exercise commercial enterprises, regulated by the art. 166 of T.U.I.R. (exit tax) and the transfer in Italy of subjects that exercise commercial enterprises resident abroad, regulated by the art. 166-bis of T.U.I.RR. (c.d. entry tax).I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
