Tax Due Diligence · Milan
Tax Due Diligence for clients in Milan
Sole office in Rome (Via Ancona 20): assistance remotely and at hearings before the Tax Court (Corte di Giustizia Tributaria) of First Instance of Milan.
Tax analysis for M&A transactions and investments. Dedicated assistance for clients in Milan e Lombardy, managed entirely through the electronic tax court filing system (PTT) from the Firm's office in Rome.
In Brief
The Firm Marzo Associati offers specialist assistance in tax due diligence to businesses and taxpayers in Milan e Lombardy. The service is structured for clients in the area: litigation before the Tax Court (Corte di Giustizia Tributaria) in Lombardy is dominated by high-value business disputes (intra-Community VAT, transfer pricing, fictitious foreign tax residence, R&D tax credits, abuse of law in extraordinary corporate transactions).
What Is tax due diligence and When Is It Needed
Tax due diligence is the analysis of the tax risks of a company or business division in preparation for an acquisition, investment or reorganisation. It covers direct taxes, VAT, indirect taxes, pending litigation, tax relief claimed and outstanding tax liabilities, with quantification of contingent liabilities and guidance on contractual warranty clauses.
Audit and Risk Analysis
The Due Diligence service aims to identify potential hidden tax risks ("tax risks") and untapped opportunities within target companies or asset portfolios.
Stages of the Work
- Tax Check-up: Checking the correct application of direct and indirect taxes in financial years still open to tax audit.
- Analisi M&A: Support for investors and funds in the preliminary stages of business acquisitions to determine the true value of the deal.
- Employment Compliance: Checking tax and social security deductions for employees and other workers.
- Reportistica: Preparation of detailed reports identifying potential liabilities and mitigation strategies.
Tax Court (Corte di Giustizia Tributaria) of First Instance of Milan
Via Conservatorio 22 — 20122 Milan
The Tax Court (Corte di Giustizia Tributaria) in Milan has one of Italy's heaviest corporate litigation caseloads and some of the shortest case resolution times in the country. The Tax Court (Corte di Giustizia Tributaria) of second instance for Lombardy is based in the same city.
How the Procedure Works for Clients in Milan
- 1
Defining the Scope
Identifying the tax years, taxes and companies to be analysed, taking account of the statutory time limits for tax assessments.
- 2
Data Room and Document Requests
Sending the request list and analysing management's responses.
- 3
Risk Analysis
Quantifying contingent liabilities for taxes, penalties and interest, classified by likelihood.
- 4
Report and Clauses
Delivery of the report with practical guidance on price adjustments, representations & warranties and indemnities.
Documents are filed electronically with the Tax Court (Corte di Giustizia Tributaria) of First Instance of Milan (Via Conservatorio 22, 20122 Milan); hearings may take place remotely or in person, depending on the requirements of the defence.
Common Cases in Milan e in Lombardy
IVA intracomunitaria e frodi carosello
Defence against allegations of fictitious transactions, failure to apply the reverse charge mechanism and breaches of the principle of VAT neutrality.
Transfer Pricing and Intra-Group Prices
Transfer pricing adjustments under art. 110 TUIR, OECD guidelines, defence of documentation and APAs.
Fictitious Foreign Residence and Corporate Tax Residence
Defence against claims that formally foreign companies are tax-resident in Italy under art. 73 TUIR.
Crediti d'imposta R&S e Industria 4.0
Challenges by the Italian Revenue Agency (Agenzia delle Entrate) concerning non-existent tax credits or credits to which the taxpayer is not entitled, classification of research activities, sworn technical expert reports.
Abuse of Law in Extraordinary Corporate Transactions
Defence of valid non-tax commercial reasons for mergers, demergers and contributions challenged under art. 10-bis Statuto del Contribuente.
The Firm also assists clients in neighbouring provinces: Monza-Brianza, Pavia, Varese, Como, Lecco, Bergamo, Brescia, Lodi.
Documents to Gather and Timeframes
- —Financial statements and tax returns for years still open to assessment
- —VAT Registers and Calculations
- —Pending Litigation and Documents Served
- —Intra-group Contracts and Transfer Pricing Documentation
- —Documentazione su crediti d'imposta e agevolazioni fruite
Due diligence on a medium-sized target generally takes two to four weeks from the date the complete data room becomes available, with interim reports for transactions on tight timetables.
For an assessment of your position, you can or consult the profile of the Firm's tax lawyers.
How We Handle tax due diligence for Clients in Milan
Confidential Video Consultation
Riunioni strategiche su Google Meet o Microsoft Teams.
Digital Power of Attorney
Appointment using a qualified electronic signature.
Hearings at the Milan Tax Court (Corte di Giustizia Tributaria)
Partecipazione da remoto ex art. 16 D.L. 119/2018 o in presenza.
Targeted Visits
Site visits in Milan only when essential.
Professionals Responsible for the Service
Frequently Asked Questions
Do You Need Assistance With tax due diligence a Milan?
Open a confidential case file with our team. Response within 24 hours.