Publications

Article by Stefano Petrecca and Arianna Valenza.

On July 1, 2025, the Italian Ministry of Economy and Finance (MEF) issued an official guidance document clarifying key aspects of tax credit recovery, with a specific focus on the distinction between non-existent and non-due (or non-entitled) tax credits.

The document aims to provide greater legal certainty regarding the classification of improperly offset tax credits, particularly in light of recent legislative developments. This distinction is critical, as it directly affects both the statute of limitations for tax assessments and the applicable penalty regime, including administrative and criminal sanctions under Italian tax law.