Monday, September 25, 2006

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Tax evasion

back at this point, the speech had done in previous articles, the seller is obliged to declare the real price (and, therefore, to pay us taxes) does not fear a tax audit, but by fear (more immediate and tangible) of losing the customer who has an interest in its exact opposite (ie you can declare all the money, to be able to climb from the taxes that she will have to pay). In the same way (with existing rules and elements already in possession of the tax administration) would be enough to go and check made payable to those who are certain vehicles and certain super super villas (taste, perhaps, a little 'tacky ...) and reported as income as the "poor" (for tax) owners. You could (a "no cost" to the IRS) to recover huge sums in a short time and with conclusive evidence from interessati.La recent fiscal space to try to counter the phenomenon mentioned above has introduced provisions on the effectiveness of which only in retrospect, may express an opinion. Private entities that will implement in their homes, renovations, it is compulsory (to be eligible for a substantial "discount" in the statement of income tax) to require the building is listed separately on the invoice cost of materials domestic labor (To see who, having no employees "register" will also be charged to the customer or who, having no employees and subcontracts work to another company, maybe even less of his rule.) Always on building contracts has been introduced administrative penalty if the client pays the fee for the work done by the contractor without first ensuring that it is withholding, and its contribution dependent on the labor used for such work were actually pagati.Per attempt to eliminate tax evasion, it was planned that in case of subcontracting, the tax payment is made differently from the ordinary, but this rule will have effective only after approval of the Union Europea.L 'tax evasion in the sale of immobiliCome has repeatedly reaffirmed, evasion is reduced when one party (or the buyer or seller) has an interest, as has a personal advantage, in that the other fails to pay. In this case, those who potentially would lead to escape, not "may" do so as not to lose the client or to avoid losing part of the gain, to convince the customer to "divide the bad half, reducing the amount fattura.Premesso, the situation is different depending on whether the commercial real estate (warehouses) and residential property (apartments) and whether the buyer and seller are private individuals or firms (individual or corporate form). In the case of industrial properties, usually the buyer and seller are companies (a "private" which acquired a warehouse could cast doubt on the lawfulness of his intent) . Moreover, in many cases (for financial reasons and / or tax) is through the purchase of an operation of financial leasing (leasing), whereby the owner (usually the manufacturer) to sell the property to a company leasing, simultaneously, the financial leases (lease with a sort of final redemption to a fixed amount) to the end user. In hypothesis of this type (which in the field of buying and selling commercial real estate are the norm), the buyer has the need to tax and interest which the seller declares the actual price, being able then subtracted (in the determination of taxable income and, therefore, higher or lower taxes to be paid on it) the amortization (ie, a percentage of the price for a number of years) or lease payments. There are, however, also cases in which both parties agree, an amount lower than the actual state and regulate the rest "black" and in cash, usually before the transfer (after a result, it is difficult to require the seller payment a sum which, officially, does not exist and may be cited in any official document, much less in a judicial proceeding of any debt collection).

Wednesday, September 20, 2006

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ASSILEA in real estate leasing grew by 15.6 % drawn from immobility (+17.8%)

, the growth for the leasing sector, which in the first half of 2006 scored a 15.6% over the previous year, concluded with a total of over € 23.3 billion. This is shown by an analysis of Assilea (Italian Association of Leasing). In particular, instrumental in the sector (+13.7%) were contracted for an amount of about 6 billion euro real estate (17.8%) totaled 10.7 billion euro in concluded.

Thursday, September 14, 2006

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The maneuver

Many the measures contained in the "Maneuver Prodi" (now finally approved - 08/04/2006 Act No. 248 of 11.08.2006 in the Official Gazette No. 186 - I 183) that have and / or seek to have (the results, and if there are To what extent can we see them only in retrospect) a serious impact on evasion fiscale.Di we would sign after the main, with a cut-explanatory, rather than by "experts."

accounting requirements of the trades and professions
These subjects now required to have at least a bank account which will bring together all of their professional income and from which, obviously, will to release the necessary funds to pay the costs related to the occupation not only took the means to live, unless they have some other "source" and found a legitimate source of denaro.Si is a rule that, in itself, not nothing more than "codify" and make mandatory a practice already widespread, being impossible the exercise of a profession, even if minimal, without a bank account. The new requirement is having to pay everything that is cashing in on that account (or a euro or a million euro) except, perhaps, having, soon after, take what you need to live or taking of private expenditure to be made in cash. The intent the rule is that you can "photograph" all receipts, as are obliged to pass on the current account and that (other provision introduced) the banks are required to report financial transactions to the Treasury, but as it is worded (obligation to pay everything without limit minimum amount, with the possibility of taking immediate cash) goes against the normal sense, in contrast with what is said in the previous article on the need to approve rules easy to understand and simple to apply, so does not trigger the alibi "moral" to non-compliance. In yet

to "photograph" at any time the pockets of professionals (when filling) introduced a provision, albeit with a theoretical purpose of control, may in fact lead to increased evasion. The client of the professional, when seeking to pay, assuming, of course, that there was the issue of an invoice, it is no longer free, as before (and as common sense would require) you to choose how to pay (in cash, a check or bank draft, with a bank, a postal payment, etc..), but is obliged to stick to this new requirement: you can pay in cash in 2006 (up to 30.06.2007) to € 1,000, from 1 .07. 2007 to 30.06.2008 up to 500 €, from 1 .07.2008 forward (if the rule will not be changed) up to 100 € (which specialized service is paid and / or you will pay in the future with less than 100 € ?????).

In essence, to control professionals (need sacrosanct, if achieved by means acceptable and "normal" modern state, regardless of political color of the ruling class) forcing customers (who do not have no guilt and no advantage that can not be enrolled as office workers forced the Guardia di Finanza in the hunt for tax evaders, they are real or alleged) to have a bank account in your pocket and your checkbook.

If it makes sense that the customer-company pay means the provision of professional bank, a little 'is not logical that an elderly person who needs professional medical care, and that does not always have a current account (and, given the age, it is perhaps better not the ever, not to run into any fraudster) must, before going to the doctor, go to the bank to open an account (to be used, presumably, just to pay the doctor, hoping not to have to go every day). It 'obvious that this requirement conflicts with a basic need for common sense, that could trigger the "solidarity" between the professional (not correct for tax purposes) and client (still happy to pay in cash, without receiving the invoice, since it is removed from the stomach to the weight of having to manage a bank account). When you wrote that certain standards of the practical impact should be at least discussed (do not pretend to be agreed) with professionals in accounting, working in the field, have their feet firmly on the ground "alluded, just in cases like these.

Measures affecting the automotive sector
The rules introduced, fully shared in the spirit and form, are intended to limit the possibility of reducing the income of businesses and professionals (and therefore pay less tax ) using tools for self-dealing. In particular it has been lengthened the minimum length of automobile leases, abolished the ability of companies to carry out the depreciation on the vehicles themselves and introduced rules, we strongly hopes, will end the scandal of motor vehicles to ultra -luxury vehicles registered as trucks in order to deduct costs that normal cars do not, nor have they allowed.

Measures concerning income self-employed workers (professionals)
E 'was introduced (as existing in the determination of business income) taxation of capital gains, or gains that can be obtained by selling depreciable assets. In practice, this standard will be to hit only the "gain" realized by those who could afford to change every two years the car, realizing, sometimes, a gain (now taxed). It is assumed that, in a very short time, the standard will be "sterilized" by selling used motor vehicles to private individuals to whom, as such, no matter what is stated on the act of selling a € (instead of 10,000). Also for professionals was introduced in the taxation of any gain achieved by "giving" the study (ie customers) to a colleague (a little 'as the taxation of goodwill in the case of companies).

measures of accounting and administrative
E 'was re-introduced the requirement (abolished for years, because he did not give any results and only created an unnecessary movement of paper) to present the list of customers and suppliers. Now we have moved from paper to the use of computer, telecommunication transmissions by the accountancy profession, therefore, have no choice (can not be so masochistic) are having to do (for free) from archives (paper and electronic format) Treasury, performing (always free) on her own checks that occur prior to any formal business tax assessment.
E 'was also introduced to the retail trade sector and of similar activities, the requirement of electronic transmission (in near real time) of the daily fees. If this will help to curb tax evasion, has everything to prove (read the previous article, which warned against non-private interest of the client end user to request purchase receipt). For now, these obligations are understood (by professional accountants and by its customers as an additional and unnecessary quibbles costosi.Sono been anticipated terms of "delivery" (electronic communication) of tax returns, in the aim to get under control as soon as possible the photograph of the taxpayer. In fact, considering the now known (the "insiders") malfunctions of the bureaucratic machinery of taxation, there will be an additional workload (excessive overlapping of deadlines, often without time to read the material, if not, to study the ministerial instructions that always come very last moment) and no real benefit to the state coffers, or in terms of increased effectiveness of control, either in terms of higher tax revenues. Even a child who does not understand that asylum "beats" or does not issue tax receipts (being required to do so) the tax receipts will continue to escape safely, although his accountant have to worry about transmitting (On line) the (limited) amounts of cash receipts and submit a tax return before solito.Sono were also introduced new checks on applicants seeking to open a VAT only in retrospect you can judge the validity or otherwise of measure.

Communications their tax
Depending on the use (or non-use and / or possible misuse) of this provision, you can get good or bad risultati.In synthesis, has been introduced an obligation for banks, post offices, financial intermediaries and companies involved in investment and asset management to communicate electronically (so that they are immediately available and comparable) their tax list, complete with social security numbers, of those with whom they have "relations" with the specification of "nature" of these ultimi.In substance you want to create a large "database" where, making it easy, with button to bait the "snapshot" of each taxpayer: what it's called, where they live, what job does, since declaring a year, vehicles that have (or use) and how much they cost (where he has found the money to buy them, because, poor fellow, says that real estate has so little ...!!!),, where they are and how valuable, how many and what insurance pays (with which money, as above), where he accounts (perhaps cointestato the spouse and / or a relative have-nots, such as grandparents than 100 years, with a valid license to be used in case of loss of points on their books ....), , management of securities, cash coupons from foreign investment (have been "declared" these investments? maybe the "cunning" was covered with some beautiful "tax shelter "....!!!)

Doubling of the period for the tax assessments
In the case of violation (tax), which implies the obligation of a criminal complaint under Article. 331 cp terms of assessment are doubled. The provision is acceptable given the long times of our justice.

controls the regularity of the tax amnesty
the (sacred) is intended to ensure that those with "little money", has "made good conscience" (preventing the tax authorities to carry out checks on the past ) has complied with the formal requirements to be observed and has paid all the installments of condono.Francamente do not understand (in the light of the various investigations on the scale at banks, "the crafty neighborhood" and various similar) because it has "walked the hand" about who has benefited from the "tax shield", legalizing illegal sums of foreign constitutions often Dick, paying a few euro. If this was forgotten, it is possible to arrange. If, however, it was clear political choice, it would, perhaps, the case gives reasons for the taxpayer "normal" waiting for the "Financial" and the reorganization of the pension debts by luck, to say the least.

criminal penalties in cases of non-payment of VAT resulting from the declaration
annualeSi is usually unnecessary persecution, which brings no benefit to the taxpayer and that, ultimately, may facilitate evasion fiscale.In essence, the subject to VAT, which regularly presents the statement, indicating to pay a certain amount (in this case, more than 50,000 €, which are, then, the old 100 million pounds) if it is not able to pay (perhaps because his client has not paid or why he works for public, who pay the cows come home ...), be liable, even in the penalty penale.A this point, the person may also come to mind (lost lost ....) it is better to falsify the VAT return, failing to declare the debt to pay and trusting in a very long time and the possibility of checks (often based) are not "taken".


Changes in real estate in this area, in the few months of life new government, has seen it all and more, with the adoption of measures that have brought down the funds immobiliariin Stock Exchange (burning, by the way, the savings of those who had invested legitimately) and a consequent and, as ever, retromarcia.Ad appropriate time, the situation "seems" (the conditional is obligatory) to have stabilized with the return to a type of taxation is not very different from the previous one. For transactions subject to VAT and additional taxes were introduced (level not excessive) and the registration requirements of the contracts did not exist before.

Without going into too much technical talk, to remember that this is the case in the field of buying and selling of property between private parties (where the index to a deed, an amount much lower than that actually received has always been the norm) have been introduced: - the obligation to disclose the details of the checks (and / or other banking instruments identifiable and traceable in the future from the tax authorities in case of controls) and handled the bank accounts to pay the real estate buying and selling (including any payments), who operated real estate agency - the obligation to indicate the price actually received (in order to monitor the financial situation of those who cashes in order to see the future destination of the sums, and who pays to see where took the money), even if the parties ask to be taxed only on the "cadastral value reassessed", - greater chance of checks, a posteriori, on the basis of what happened in the past, but might lead to unnecessary and expensive (including the tax) litigation.

Still in construction, have been introduced to deal with it, popular, the "black economy" and tax fraud in the area of \u200b\u200bsub-contracts. Individuals also have been indirectly affected by these rules. In fact (to try to find out if the construction company had employees 'black') the person who wants to legitimately in when submitting his tax return, benefit from the tax rebate on building renovations must, among other things, be issued by the company that did the work in which an invoice is shown separately from the cost of materials to the workforce.

In real estate, was the heavy taxation of "building plots" and are no longer allowed depreciation (in business income) part of the cost of industrial buildings (warehouses) due to the cost of the land on which the property was edificato.Inoltre was finally abolished the shortcut that allowed the usual smart well-informed to avoid, with a fake donation, the taxation of capital gains (gain) achieved by selling property to a much higher amount than the purchase

Monday, September 11, 2006

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ITALEASE Prodi. Faenza: "We aim to FACTORING IN LEADERSHIP"

We aim to become a leader in the factoring market in Italy soon. "This was stated by Massimo Faenza, CEO Banca Italease during the conference call to present the interim results. The bank, currently concentrated in the integration with Leasimpresa, which will allow the group to strengthen leadership in the lease in Italy, aims to grow with the decision even fattoring. In this' Italease last sector recorded a growth in turnover by 33% (to EUR 7.6 billion) in the second quarter of 2006. The share current market stood at 14.3%, compared with a market share of 25.2% held by major industry players.

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ITALEASE BANK: HALF NET PROFIT TO 80.1 MLN (+79.4%)

Milan, August 31 - In the first half Italease has achieved a net profit of 80.1 million (+79.4%) and operating income 'amounted to 215.5 million (+41.8%), the cost / income ratio at 25 , 9%. As a note, the growth in net profit and 'to be attributed entirely to normal operations, marked by a significant increase in loans to customers, in the first half have exceeded 14.8 billion, up 16.5% from the end of 2005. In particular, during the first half of 2006 loans for the business' lease rose to 11.4 billion (+21.3%).

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Italease, profits increase by 80%

Italease closed the first half with a net profit of € 80.1 million, posting a +79.4% compared to June 30, 2005. But the really good news is that the good result depends entirely on the trading, which saw an increase in loans to customers of 16.5%. Total revenues exceeded the 215.5 million euro (because the margin of interest, flew more than 107 million, an increase of 34.6%, and net commissions rose 47% to 104.7 million ).
ROAE on an annual basis is equal to 23.5% while operating costs amounted to EUR 58.2 million, grew by 17.2%. Leases were signed in the first half with a value exceeding € 3.7 billion (+14.1%), with a market share of 15.9% (against 14.3% at end 2005). +75.3% Loans, worth 350 million euro. The tier 1 ratio stood at 6.32% and total capital ratio at 9.39%, with a total risk-weighted assets amounted to 11.9 billion euro.Altra important note, the board of directors has approved the merger with Leasimpresa of Banca Popolare di Verona e Novara, with an exchange ratio of 0.1127 shares of Italease against any of Leasimpresa.
Regarding the outlook, the board of directors approved a capital increase with a ceiling of EUR 300 million. The decision, which must be approved by the next meeting, should bring fresh cash into the coffers of the business plan for 2006-2008. The target for the end of this period defined by this plan are to € 351.6 million of net income and operating income of 839.4 million.
Another possibility being studied is a further capital increase, this time with a roof of € 2.58 million, for the issuance of stock options in favor of management. At 15.30 the title
traveling around with a 37.9 share growth of 0.80%, after a higher momentum that had led up to +1.8%.

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The new tax regime of the real estate

The maneuver "Visco - Bersani (DL July 4, 2006 converted into Law No. 223, with amendments by Law No. 248 of August 4, 2006) intervened heavily in the real estate industry with important changes in particular in the context of VAT .
explained below, trying to summarize briefly, the new VAT regime applicable to the real estate industry.

LOCATIONS residential property
Letting residential property is always exempt from VAT (Article 10, paragraph 1, No. 8, October 26, 1972 Presidential Decree No. 633 as amended by the "maneuver") and shall be subject to registration proportional to the rate of 2% (therefore, all leases not subject to registration under the previous legislation must be registered).

SALE OF PROPERTY TO RESIDENTIAL USE
The sale of residential property is normally exempt from VAT unless covers buildings built or refurbished by no more than four years, provided that the sale would be carried out by them has made or renovated or any undertaking which has subcontracted to third parties in their construction or renovation (the latter broad interpretation, which does not correspond to the text of "maneuver" that speaks only to companies building or renovation for the application of VAT to the sale of property for residential purposes is expressly permitted by Circular No. 27, August 4, 2006 of the Revenue - pp. 2 and 3).
It follows that sales of property by real estate companies engaged in resale activities are always exempt from VAT.
For supplies exempt from VAT applies the registration tax and the mortgage and land taxes in accordance with the rules already in force through amendments to the Law "Visco - Bersani," while those subject to VAT shall apply those measures imposed by fixed (you can continue to take account of the benefits granted for the purchase "first home").

LEASE OF BUILDINGS EQUIPMENT
The leases equipment (such as warehouses, offices, shops, warehouses) are (art. 10, para 1, No. 8, October 26, 1972 Presidential Decree No. 633 as amended by "maneuver "):
- exempt from VAT in general;
- to VAT if the tenant is a person who owns the VAT that has no deductible, or has the right to deduct VAT due to the regime of "pro-rata" in no more than 25% (assessed at the inception of the contract, with reference to the rate defined for the year above, and indicated in the lease);
- to VAT in the other cases on an optional basis (ie, at the request of the owner of the property), which will result from the corresponding measure (ie the lease submitted for registration Revenue Agency).
It 'important to note that, irrespective of or exemption from taxation for VAT purposes of the lease, the fees apply in every case, the registration tax at the rate proportional to 1%. Even
all contracts - which in previous legislation were taxable for VAT purposes and therefore not subject to the registration within a fixed period - would then have to be submitted to the Revenue for registration.

SALE OF BUILDING EQUIPMENT
Real estate sales are instrumental (Article 10, paragraph 1, N 8-bis of Presidential Decree No. 633 October 26, 1972 as amended by the "operation"):
- exempt from VAT Generally,
- to VAT if undertaken by construction companies or restructuring for properties sold within four years from completion of construction or renovation (ie, if implemented, always within four years, and by companies who have entrusted to third parties in contract construction or renovation);
- to VAT in the case of option by the seller (ie a request from the seller - which must be printed in the sales - the scope of VAT);
- to VAT if the buyer is a person registered for VAT who has the right to deduct the VAT itself, due to the regime of "pro-rata, to an extent not exceeding 25% (reference should be made to the percentage defined for the previous year and the same must be necessary to bring in the sales contract. If a person purchases a property with an exemption from VAT because it has a percentage of "pro-rata" referred to the year earlier than 25% and, at the end of the year, his "pro-rata for the year under which the sale is below 25%, he must inform the seller for the exemption from VAT of the sale, unless the transaction has already been subject to VAT on an optional basis);
- to VAT if the buyer is a private or not acting in the course of his business, profession or art (in this case, a person must be a statement bring in the sales contract in which the buyer certifies not to make the purchase as a subject VAT).
sales are subject to tax register at a fixed rate (€ 168) for the supplies subject to VAT for free while those for mortgage and land tax will have to serve a total proportion of 4% (the "maneuver" has increased) regardless of the VAT (tax exemption or taxation).

LEASING
To finance leases (the lease) of exactly the same tax regime provided for the locations shown above.
E ', also provided limited the purchase by the leasing company and the repurchase by the user (but only if the building is a building instrumental) reduction from 4% 2% of the overall proportional result for mortgage and land registry (the registry tax is due instead as sales in the fixed amount of 168 €).
The reduction, however, apply only to purchases and redemptions made after September 30, 2006.

OBLIGATIONS OF CORRECTION VAT deducted in previous years
The new VAT system of buildings, extending the area of \u200b\u200bexempt transactions, the effect under existing tax law (Presidential Decree No. 633 October 26, 1972) to make necessary adjustment of the deduction of the VAT in previous years (VAT on purchases can be deducted if and to the percentage by which the active operations - sales or leases - are subject to VAT in the total turnover that is to total lending). In essence, the initial version of the maneuver (the one in DL 223/2006) was the refund of the VAT deducted from the state since 2001, according to the new rules, now would be wholly or partially non-deductible.
The effect would be devastating, not only with reference to the principle of protection of, but more practically because it would place the majority of firms in the real estate sector in serious, if not very serious difficulties economic and financial (return as legitimately deducted in the five previous years).
the conversion law has revised this aspect by providing that with regard to property other than those for residential use is excluded as a general obligation to proceed with the correction. In fact, this obligation (ie to proceed with the adjustment of the deduction of VAT from previous years) exists only if the first act concluded after the August 11, 2006 is not exercised the option to subject to VAT. For real estate for residential purposes, however, is not required to proceed with the adjustment of the deduction of VAT at the time made with regard to buildings owned as of 4 July 2006 and to buildings owned by companies who have built or renovated for which the term of four years from the date of completion of construction or renovation expired before July 4, 2006.

REGISTRATION OF CONTRACTS FOR LEASE IN AT THE TIME OF
July 4, 2006 The new tax regime provides that all real estate leases, whether on residential property and equipment which are subject to registration in fixed term payment of proportional registration (2% or 1% depending on the type of property). This requirement, that of registration, was previously existing only for transactions exempt from VAT.
The Law of conversion of the "maneuver" expects, over the application of the new tax regime for leases on the date of July 4, 2006 that were not previously subject to registration (because the fee was taxable VAT), the possibility for the parties to submit for recording a special declaration, which may be exercised, if the rented equipment to immovable property, the option for the application of VAT (which will have retrospective effect from July 4, 2006 to ensure continuity of tax and revenue: for any fees charged free of VAT from the date of effect of DL 223/2006 need, in this case, issue a debit note only tax paid by the tenant for the VAT payable on the fees previously billed).
The terms and conditions for this performance and for payment of registration will be established with a specific action that the Inland Revenue to be adopted before September 15, 2006.

HOW TO DETERMINE THE TYPE OF PROPERTY
To determine whether a property is for residential use or not necessary to refer to his land classification, irrespective of actual use (in category of buildings for residential use are therefore the buildings or may be classified in category "A", with the exception of buildings in category "A10" - the real estate category "A10" are offices).