The Supreme Court promotes investigations on current accounts for tax checks. The so-called presumptive analyzes are validated by the latest sentences.
With sentence no. 14058/2022, the Supreme Court intervenes again on tax controls that focus on investigations conducted on expenses and current accounts of professionals, to ascertain their possible tax evasion on insurance policy numbers.
Tax checks on current accounts
The tax authorities can now access the current accounts of citizens to speed up their analytical-presumptive checks, that is, those checks that are based on the dispute of bank transactions that the taxpayer then fails to fully justify.
What does it mean?
It means that it is the taxpayer who, in the face of a dispute from the tax authorities based on their current account, must analytically demonstrate that the banking operation under investigation is unrelated to the charge of evasion.
In practice, if the Tax Authority summons you because it has identified a suspicious movement on your account, by crossing all the other data on your income and assets, you will have to prove that that income derives from legitimate and justifiable activities with all the evidence of the case.
The Lazio Tax Commission, with sentence no. 1300/2022, states that the professional called to answer for suspicious movements must attach not generic, but analytical, detailed, and specific evidence.
Tax controls on expenses
But there are not only current accounts. The income determined through presumptions also covers certain expenses. Here are some examples:
- dentists ‘ income also determined based on the considerable consumption of disposable gloves, which would justify undeclared collections;
- lawyers who, faced with a small number of invoices, have presented an unjustifiable quantity of civil and administrative appeals (25 invoices in a year compared to 200 appeals);
- accountants who, despite having a small number of customers, electronically transmit a disproportionate number of files.
The gist of the matter is that by now the data in the possession of the financial administration are so many that an investigation based on the intersection of such information can make evasive practices emerge more easily than in the past.
Tax checks: pay attention to the mortgage payments
Even the loan installment could put the Revenue Agency on alert.
The Cassation, with sentence no. 15896/2022, confirms the possibility for the tax authorities to trigger the assessment of the loan installments are disproportionate to the declared income.
Just think of those who, to maintain their standard of living by not having enough income, get help from their family with some expenses, from food to school fees, through bills or purchases of clothing. Here, in this way, the mortgage payments could appear incompatible with the salary.
This is why it is very important to always document everything, even family aid, and cash gifts, possibly bypassing everything through traceable tools such as wire transfers. In this way, one can always analytically justify one’s standard of living.