Tax Law – Refunds of excessive VAT- Guarantee costs – Refund obligation in favor of the taxpayer – Applicable statute of limitations. Court of cassation, Tax Section, Ord. ruling no. 13.7.2023 n. 20024.

With reference to guarantees provided by the taxpayer pursuant to articles 30 and 38 bis, first paragraph, of the Presidential Decree 26 October 1972, n. 633 (VAT Decree), the Supreme Court of Cassation, Tax Section, with Ordinance n. 20024/2023, published on 13 July 2023 (https://www.mattarelli.eu/wp-content/uploads/2023/11/Cass.-Sez.-Trib-Ord.-13.07.2023-n.-20024-1.pdf), voids second degree ruling of the Tax Regional Court of Lombardy, and confirms that the principle of neutrality as interpreted by the Court of Justice and art. 8, par. 4, of Law n. 212 of 2000, the Tax Administration must reimburse the cost of the guarantee fees even in the absence of a formal assessment activity. The Court also excludes that the refund may be time barred by the application of the 2 years statute of limitation period provided by art. 21 of Presidential Decree n. 546/1992, as the ordinary 10 years limitation period applies.