Decriminalization for failure to deposit VAT? Yes you can do. This is one of the eagerly awaited new questioning of the enabling act.
WHAT – This is the situation where a taxpayer, typically a business owner, correctly stated the tax due but then fails to its payment. The reasons may be different, but normally have to deal with the difficulties of the case concerned: for example, that in some cases they have decided to use the money to pay their employees.
So in BELIEVED TO BE THE CASE OF future those who behave in this way will certainly have to deal with the tax authorities, who will try with the means at its disposal to recover the amounts due (and allowed by the statement); but shall in addition to face a criminal trial. The current rule requires instead a punishable offense with imprisonment from six months to two years in case of non-payment exceed the amount of fifty thousand Euros for each fiscal year.
The penalty was introduced in 2006 by the then government of the center-left part of a comprehensive package of anti-avoidance measures: the idea was that those who do not pay the VAT commits some sort of embezzlement, given the particular nature of tax is paid by the final consumer but passes through the various economic stakeholders before coming to the state. This approach, however, is not consistent with the actual management of the tax, which in our system except in special cases it is not cash. Will instead also punishable by the criminal law in the event of non-payment of withholding taxes, which the company retains workers by withholding agent.
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