Tax audits

Guardia di Finanza, under fire influencers and Pos. Controls up by 33%

Between June and October 2024 there were more audits than in the first five months of this year

by Marco Mobili and Giovanni Parente

Leo: "Riforma fiscale per un rapporto piu' equo con contribuenti"

3' min read

3' min read

It is no coincidence that in the budget law for 2025 the Government has included among the measures to counter evasion also the obligation of direct connection between Pos and cash registers. The activity carried out by the Guardia di Finanza from June to October 2024 showed that the so-called 'instrumental controls', aimed at verifying the correct electronic storage and transmission of receipts by retail traders, with the aim of combating forms of 'evasion with consent' between seller and buyer, grew by 33% compared to the first five months of 2024. But that's not all.

Verification of the proper management of telematic payment instruments showed that the economic operators subjected to control did not certify their receipts even though they accepted payments via POS, by channelling these financial flows to foreign 'back-up' current accounts, with the aim of concealing all or part of the receipts from the tax authorities.

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Isa is used for controls

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Again, as explained by the Guardia di Finanza General Command, the selection of targets to be subjected to instrumental control, in the light of the operational experience gained in recent years, also took into account the data related to the synthetic Indices of Fiscal Reliability (Isa), focusing above all on the most significant deviations of the profitability of the monitored positions from the sector averages, as well as on the findings against those with low Isa score values.

Maxi evasione dell'Iva per "lavare" i soldi delle mafie, oltre 200 indagati

The second guideline along which the Italian Armed Forces moved is that of targeted inspections against economic operators with a higher risk of evasion. For this reason, in 2024, risk analysis activities were strengthened and control activities were directed, with a targeted and selective approach, towards those with significant tax risk indices, the expression of a low propensity to compliance. These activities were shared by the task force deployed by the Guardia di Finanza and the Revenue Agency, as emphasised by the General Commander Andrea De Gennaro during the hearing held on 20 November before the bicameral Commission for Surveillance of the Tax Registry.

In recent months, inspection action, with the exploitation of the operational synergies of the Inland Revenue, has been directed against taxpayers at greater risk of evasion and in particular against digital content creators, with the aim of identifying phenomena of concealment of income from their influencer activities (for which Agcom has launched a code of conduct).

The analysis paths were mainly directed at those subjects characterised by the presence of elements of manifest disproportion between declared incomes and the number of subscribers and/or views on their web channels, as well as between the turnover reported to the tax authorities and the fees paid by digital platforms, the latter data also obtained through the instruments of international cooperation.

In the crosshairs of the tax authorities those who chose a favourable tax regime

Also in the crosshairs were taxpayers who had opted for tax relief schemes, but who from the information available appeared to lack the prerequisites for access to the benefits.

The activities were targeted at those who were found to have declared - inconsistently with respect to the past - revenues/income close to the maximum threshold for access to the regimes in question; or had anomalous discrepancies between the data in their declarations and the turnover reconstructed through the examination of electronic invoices, also showing clear misalignments in terms of congruity between documented revenues and costs; or had failed to report the possession of financial assets and assets abroad.

The third line of intervention concerned taxpayers who had received notices promoting spontaneous compliance (the so-called 'inert' taxpayers), who did not appear to have regularised their position or provided justification with respect to the irregularities reported by the revenue. The inspection activities in this case concerned those subjects who, in addition to not having adhered to the compliance tool, appeared to present - from examination of the databases available to the Guardia di Finanza - the highest risk profiles of evasion and/or fraud.

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