Newsstand · The network’s daily digest
The network’s daily digest: the main developments in Italian civil, criminal and administrative law, business taxation and employment — selected and summarised each day.
– 5 August 2026 · Administrative law
In-house awards: procurement procedure and thirty-day challenge Article 120 of the Code of Administrative Procedure, as replaced by Article 209 of Legislative Decree 36/2023, expressly addresses in-house awards: thirty days from the reasoned decision, six months at most from the day after signature.– Administrative
– 5 August 2026 · Civil law
Article 614-bis: indirect coercion and its limits in enforcement The indirect coercion measure is not granted of the court’s own motion: it must be sought on the merits, failing which the enforcement judge sets it after the formal demand. Constitutional Court no. 109/2026 on the pre-2022 text.– Civil
– 4 August 2026
Shareholder loans under the taxman’s lens Without proof of the basis and the source of funds, a shareholder’s payment can be treated as unrecorded revenue: how to build the evidence before the money is advanced.– Tax
Damage to cultural assets: the company is liable too Since 2022, damaging cultural or landscape assets is a predicate offence under Decree 231: fines from three hundred to seven hundred quotas and disqualifications of up to two years.– Criminal
– 29 July 2026
IRAP and associated practices: substance over form The tax is due only where the service is depersonalised: sharing costs, premises and support staff is not enough. Refund claims within forty-eight months of payment.– Tax
Void service and limitation: the cure operates ex tunc The Joint Divisions set the principle: the interrupting effect dates back to the invalid service where it is renewed, unless fault of the serving party is pleaded and proved.– Civil
Incentives for technical functions: scope and allocation rules Up to two per cent of the tender base, eighty per cent to staff. Without up-to-date internal rules, payment remains exposed to audit challenge.– Administrative
Patto di famiglia: taking stock twenty years on The CNDCEC and foundation paper revisits the nature of the contract, the position of forced heirs and the tax treatment. It holds up only on a defensible valuation.– Accounting
Capital gains: spreading on operating assets ends in 2026 The 2026 Budget Law removes the five-year spreading option: the gain is taxed in full in the year of realisation. Only the sale of a business, or a division held for at least three years, can still be spread.– Tax
Environment and corporate liability: the predicate offence list widens Legislative Decree 81/2026, in force since 2 June, implements Directive (EU) 2024/1203 and amends Legislative Decree 231/2001: new environmental offences among the predicate crimes and a reshaped sanction regime.– Criminal
Metalworking SMEs (Confapi): the renewal clears the workers’ ballot The certified ballot closed on 23 July: the agreement runs to 31 December 2028 and brings a fully phased-in 200 euro gross increase at grade 5, with proportional adjustment elsewhere.– Employment
– 25 July 2026
Shell companies: the operating test in the 2026 tax return Actual revenues against deemed revenues: failing the test triggers a minimum deemed income and restrictions on the VAT credit. Before accepting it, check exclusions, disapplication grounds and documented objective circumstances.– Tax
Tender clarifications cannot change participation requirements A clarification explains, it does not innovate. If it genuinely affects requirements or criteria, the authority must amend the call and reopen the deadline; for bidders, time to challenge starts running at once.– Administrative
Banking records: the customer’s right to copies covering the last ten years Article 119(4) of the Banking Act applies outside litigation too: the request must identify the relationship and period precisely, but the bank cannot simply plead the difficulty of retrieving its archives.– Civil
Extreme heat: when wage supplementation covers the hours not worked What counts is perceived temperature in relation to the task, not the reading alone. A timely application, a list of the suspended operations and local weather bulletins for the days concerned are required.– Employment
– 24 July 2026
Analytical-inductive assessment: how the tax authority reconstructs retailers’ revenues Presumptions, mark-up percentages and prior hearing: an operational overview of tax audits on shops and businesses and of the taxpayer’s lines of defence.– Tax
Almasri case: the Constitutional Court orders transmission of the ICC cooperation requests The Constitutional Court has filed its judgment: the Minister of Justice must immediately forward the International Criminal Court’s cooperation requests to the Prosecutor General at the Rome Court of Appeal.– Criminal
Condominium manager’s mismanagement: no proof of damage, no liability A manager’s liability requires concrete evidence of breach and loss: generic complaints about the management are not enough.– Civil
Housing Plan: the decree converted into law — what changes after publication The conversion brings building simplifications and new rules for residential recovery: the impact on owners, businesses and public authorities.– Administrative
Social allowance for non-EU citizens: the Constitutional Court on long-term residence The Constitutional Court rules on the long-term EU residence permit requirement for access to the social allowance: operational guidance for benefit management.– Employment
Summary note by the CommercialistiAvvocati network, based on specialised legal and practice sources. The text does not reproduce original contributions and does not constitute professional advice.