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CAF CENTRI DI ASSISTENZA FISCALE (CAF FISCAL ASSISTANCE CENTRES): organisations, listed in a specific register kept by the Revenue Agency, which give fiscal assistance to taxpayers who ask for it.

CAPACITÀ CONTRIBUTIVA (TAXPAYING CAPACITY): availability of the resources necessary to sustain the payment of taxes. According to the Italian constitution, taxes must always be proportionate to the citizen’s taxable capacity.

CAPIENZA (CAPACITY): possibility of a certain amount or value to include a second one. In the fiscal field the term refers to cases in which the taxpayer would have the right to a detraction of a higher amount than the tax he must pay; it is then said that the detraction “doesn’t find capacity” in the tax. Normally in this case the exceeding part of the detraction should be lost. The recent trend of Italian tax laws however is to allow the beneficiary to postpone it to following tax periods or to transfer the benefit to a family member.

CAPITALE (CAPITAL): the interest or proceeds deriving from the value of bonds and shares and other income deriving from the use of financial capital. They can be distinguished in two main groups:

• proceeds deriving from stocks in companies and businesses, such as the dividends distributed by investment companies;

• interest and other income deriving from loans or other forms of investment.

Gain following the transfer of company stocks, or the sale of titles and rights related to them (warrants, convertible bonds, options, etc.) at a price higher than the purchase price (see terms Administered savings, Managed savings).

CARICO FISCALE (FISCAL CHARGE): overall amount of the tax payment to which the taxpayer is subject following the application of a tax.

CARTELLE DI PAGAMENTO (NOTICES OF PAYMENT): notices prepared by the collection agents and notified to the taxpayer through their staff or sent by registered post, containing the invitation to pay the amounts registered within sixty days. The notices include, among other things, the date on which the role became effective, the description of charges with the relative motivations, instructions on how to pay and indications of how to appeal. If the taxpayer considers the request to be correct, he/she can pay the notice at the offices of the collection agent, in a bank or at the post office; if he/she doesn’t consider the request correct, the taxpayer can ask for clarifications from the office responsible for the charge (and therefore not to the collection agent, who is a simple executor) even by telephone: this can be done through the multi-channel assistance centre (number 848.800.444). If the taxpayer still believes that the charge is unfounded he/she can present an appeal within 60 days from notification.

CASSETTO FISCALE (TAX BOX): internet service provided by the Revenue Agency that gives taxpayers the possibility to consult, in complete security, their fiscal data.In practice, by way of the tax postbox, citizens can question the tax register and ask for any information concerning:

• the tax return submitted;

• refunds of direct and indirect taxes;

• payments made using the F23 and F24 forms;

• deeds of the register that concern them;

• their tax code , personal data and residence;

• the denomination, VAT number , tax domicile, legal address and description of the business of an sole propietorship.

To access the service a PIN code is necessary.

CATEGORIE CATASTALI (CADASTRAL CATEGORIES): five categories into which immovable properties are classified: A (private houses), B (buildings for collective use, such as schools and barracks), C (commercial buildings, such as garages, shops, shelters), D (industrial buildings), E (special buildings). In each category there are various sub-categories.

CENTRI DI ASSISTENZA MULTICANALE (MULTI-CHANNEL ASSISTANCE CENTRES): offices of the Revenue Agency that provide fiscal information and that, in some cases, can also annul the payment reminders and the communications relating to the settlement of the tax returns. The service, which can be accessed by calling the number 848.800.444, is open from Monday to Friday, from 9 am to 5 pm and on Saturday from 9 am to 1 pm. The cost of the call, from anywhere in Italy, is always at the standard local timed tariff.

CENTRI OPERATIVI (OPERATIVE CENTRES): organisations established in Venice, Cagliari and Pescara in concurrence with the suppression of the Service Centres. The two Operative Centres carry out all the ad hoc activities related to the settlement of the tax returns until 1997 together with some other specific tasks such as:

CERTIFICAZIONE TRIBUTARIA o “VISTO PESANTE” (TAX CERTIFICATION or “HEAVY ENDORSEMENT”): certification attesting that the subject entrusted with the tax inspection (the so-called “certifier”) has ascertained the exact application of the tax norms relating to the business income and carried out the tasks, inspections and activities annually indicated with a specific decree. Those authorized to issue the certification are: accounting auditors registered for at least 5 years in the professional registers of certified public accountants, accountants, qualified book-keepers and business consultants, qualified for the internet submission of tax return. As for the conformity permit and the asseveration, the certifiers must first communicate this inspection activity to the competent Regional Direction of the Revenue Agency and stipulate an insurance policy covering damages possibly caused. The certification can be obtained by all taxpayers who have a business income in a regime of ordinary accounting (individual entrepreneurs and companies).

CERTIFICAZIONI FISCALI (FISCAL CERTIFICATIONS): instruments of fiscal “supervision” the practise of which is entrusted to third parties professionally qualified, with the purpose of guaranteeing, to those taxpayers who use them, that certain fiscal obligations are correctly fulfilled. At the same time, the use of the fiscal certification system facilitates the carrying out of inspections by the Revenue Agency. Fiscal certifications can consist of a conformity permit, asseveration and tax certification.

CESSIONI INTRACOMUNITARIE (TRANSFERS WITHIN THE EU): transfers within the EU not subject to VAT are represented by transfers of goods carried out from the territory of one State to that of another State within the EU, provided the following conditions are met:

• the seller is a taxable subject in Italy;

• the purchaser is a taxable subject in another member State;

• the transfer is carried out against payment.

CHECK LIST: in the execution of tax verifications, it attests that the investigation complies with the inspection methodology. The checklist summarises both the mandatory and the optional inspections, and marks them with a specific symbol. It is paid by the owners of combustion.

CINQUE PER MILLE (FIVE PER THOUSAND): the expression ‘five per thousand’ defines the mechanism by which the taxpayer can choose to reserve 5 per 1000 of his/her income tax to support the no-profit sector, universities, scientific and medical research.

CLASSE CATASTALE (CADASTRAL CLASS): criteria to distinguish immovable property belonging to a certain cadastral category in relation to the finishing, its position, etc.

CODICE FISCALE (TAX CODE): sequence of characters that identifies every taxpayer (natural persons, companies, legal persons, etc.) in relations with the Revenue Agency and with other bodies and public offices. For natural persons it is determined on personal data, for judicial entities it generally corresponds to the VAT code. The tax code is automatically assigned to all citizens by the Information System . If it has not been assigned, it is necessary to go to the Office of the Revenue Agency with an identification document; for foreigners, a passport or residence permit (if required by the foreign citizen) are necessary; for newborn infants the birth certificate or the relative self-certification by the parent are sufficient. The tax code can also be assigned by the offices of the Revenue Agency, by the Municipalities (for newborn infants, within sixty days from their birth) and by consulates (for individuals residing abroad), if they are connected to the IT system of the Revenue Agency. For natural persons the characters (letters and numbers) of the tax code have the following meaning:

• the first three letters correspond to the first three consonants of the surname; if the surname has less than three consonants, the initial vowels are used in order to have three characters. If the surname has only two characters, the third character will be the letter X;

• the same criteria is valid for the first name, which provides the second set of three letters; if the name is formed by more than three consonants, the first, third and fourth are used;

• the first two numbers correspond to the last two numbers of the year in which the person was born;

• the ninth character is a letter that represents the month in which the person was born (the following letters are not used: F, G, I, N, O, Q, U, V, Z);

• the following two numbers are the day of birth, which for females is increased by 40 units;

• characters from 12 to 15 indicate the place of birth;

• and finally, the last character (check box) is calculated by the Tax register according to a specific algorithm.

CODICE PIN (PIN CODE): sequence of ten numbers necessary to access the services offered by Fisconline, such as the internet tax return, the payment of taxes by using the online F24 form, the registration of lease contracts and access to the tax box. The PIN code can be requested through the Internet following the instructions provided or, alternatively, by going to any office of the Revenue Agency with an identification document. If the code is requested through the Internet, it is necessary to indicate one’s personal data and the details relating to the last tax return. Once the data required has been provided and confirmed, the system assigns to the taxpayer the first four characters of the pin code. The second part of the code (six characters), as well as the password to access the protected areas of the Revenue Agency’s website are delivered by ordinary mail at the residence of the applicant, within around 15 days from the request. For the issue of the PIN code to individuals residing abroad see Internet tax return.

CODICE TRIBUTO (DUTY CODE): sequence of numbers and letters that identify the tax to which the payment refers. The various tax codes can be found on the website.

COEFFICIENTI DI AMMORTAMENTO (COEFFICIENTS OF AMMORTIZATION): rates to apply to goods in order to determine the rate of amortization for the tax period concerned. They vary according to the sector and type of amortizable goods.

COMMERCIO ELETTRONICO (ELECTRONIC COMMERCE): internet activity of selling products. To carry out e-commerce it is necessary to request a VAT code to the competent office of the Revenue Agency and send communication of the setting up of business to the Municipality where the person carrying on the business is resident.

COMMISSIONI TRIBUTARIE (TAX COMMISSIONS): jurisdictional bodies competent for disputes relating to tax matters. The Commissions are competent for all disputes involving taxes of all kinds and character, including regional, provincial and municipal taxes and the now suppressed contribution to the National Health Service, surcharges and supplements, administrative sanctions issued by the financial offices, interest and all other accessories. The Tax Commissions of the first instance are based in the main town of each province (provincial Tax Commissions), while Commissions of the second instance are in the head town of each region (regional Tax Commissions).

COMPENSAZIONE (COMPENSATION): possibility to make use of one’s credits in order to reduce the amount of taxes, sanctions, contributions and sums due. Compensations are made effective by indicating them in the F24 form.

COMPENSO IN NATURA (REMUNERATION IN KIND): goods or services provided as payment for services rendered: for example, the concession to use the apartment, which is property of the business, granted to the employee. Remunerations in kind granted to employees are subject to tax following particular criteria.

COMPETENZA FISCALE DEI COSTI E DEI RICAVI (TAX COMPETENCE OF COSTS AND EARNINGS): principle on the basis of which costs and earnings are apportioned to the appropriate financial year by considering the tax moment at which the earnings were achieved and the costs sustained.

COMUNICAZIONE UNICA (COMMUNICATION): communication that, as of 1 April 2010, taxpayers required to register in the Business Register or in the Rea (Economic and Administrative Register) are obliged to use to submit a declaration of business setting up, change of data or closing out. The Single Communication (ComUnica) is an electronic file consisting of a set of files with the various electronic forms for the administrations involved. The communication must be submitted on line or submitted by digital media to the Business Register.

COMUNICAZIONI (COMMUNICATIONS): notices sent to taxpayers containing requests or information of various kinds. Communications include the notices informing of the outcome of the automatic inspection (settlement) carried out on their tax return. They can be communications “of regularity” if the tax return is correct, communications “of irregularity” or requests for clarification, if the inspection has detected some errors. Communications also concern the outcome of the formal inspection of tax return, with which the Revenue Agency checks that the data provided in the tax return is in conformity with the documents in possession of the taxpayer and with the information contained in the tax returns of other subjects or provided by other legal entities. Communications deriving both from automatic inspections and formal inspections allow the taxpayer to redeem the possible irregularities by paying a reduced sanction.

The taxpayer can also send communications to the Tax Administration, for example to report variations in land income or losses due to missed cultivation and natural events or to communicate the beginning of building renovation works.

CONCESSIONE (CONCESSION): administrative deed with which the Tax Administration assigns activities for which it is competent to external subjects meeting particular requirements. Currently, for example, the service of tax collection and of managing the Tax registers are carried out through a system of concession.

CONCILIAZIONE GIUDIZIALE (JUDICIAL CONCILIATION): deed that allows to close a dispute started against the tax authorities following an appeal.

• It ends with an agreement between the taxpayer and the Tax Administration in which the amounts of taxes and other due sums are set in order to settle the dispute. With conciliation, which can only be reached in disputes before the provincial tax commission, the taxpayer can obtain the following benefits:

• reduction of the sanctions to 40%;

• decrease of up to half of the penalties envisaged for tax crimes, without the application of accessory penalties;

• compensation of the expenses incurred for the judgment.

Conciliation can also concern only some aspects of the dispute; in this case, it proceeds in the ordinary way, but only with regard to the issues on which no conciliation has been reached. The procedure ends with the payment, within 20 days, of the whole sum or, if payment in instalments is chosen, of the first instalment accompanied by a suitable guarantee (bank guarantee).

CONDONO FISCALE (TAX AMNESTY): legislative instrument with which particular reductions are granted to those who want to define their tax relation with the tax office or put an end to a pending lawsuit of a fiscal nature.

CONGUAGLIO (BALANCE): definitive determination of the taxes due in a certain year in order to regulate the possible differences in debit or credit. As regards income deriving from subordinate work, by the month of February the employer (withholding agent) is obliged to effect the balance between the advance tax deductions operated and the taxes due on income from subordinate employment relating to the previous year.

CONSOLIDATO NAZIONALE (NATIONAL CONSOLIDATED ACCOUNTS): overall income of a group formed by companies (parent and subsidiary) established in the territory of the State.

CONTENZIOSO TRIBUTARIO (TAX LITIGATION): proceedings initiated before the Tax Commissions.

CONTO FISCALE (FISCAL ACCOUNT): account opened with agents used by individuals who possess a VAT code to regulate the relations of debit and credit with the Tax Administration.

CONTRIBUENTE (TAXPAYER): subject in relation to whom the tax assumptions occurs and who, therefore, is required to pay taxes (taxpayer ‘by law’). On the contrary, the person who, although sustaining the tax duty, is not the subject directly obliged, is instead defined taxpayer ‘in fact’ (this is for example the case of the final consumer in relation to VAT). Taxpayers can be natural or legal persons and, in general, all forms of organisation and individuals, even without a juridical status, in relation to which the tax condition has occurred.

CONTRIBUTO IN CONTO CAPITALE E INTERESSI (CONTRIBUTION IN CAPITAL ACCOUNT AND INTEREST SUBSIDY): a contribution is issued in capital account when it is generically intended to increase the patrimony of the business. Interest subsidy is issued by the State or a public body for the total or partial payment of interest of those who have agreed to a mortgage.

CONTROLLO DELLA DICHIARAZIONE (INSPECTION OF THE TAX RETURN): examination of the tax return in order to verify whether it is correct. An initial inspection the so-called settlement, is carried out automatically by the Information System on all tax returns; a second inspection (the so-called formal inspection) is carried out on samples of tax returns by the office of the Revenue Agency. A third phase (substantive inspection) is intended to rectify the individual incomes declared and to identify subjects who, although being obliged to submit the tax return, have not provided to do so (see also Assessment).

CONTROLLO FORMALE (FORMAL INSPECTION OF TAX RETURN): activity carried out by the offices of the Revenue Agency concerning the tax returns selected on the basis of criteria established by the Director of the Revenue Agency. The formal inspection, which must be concluded by 31st December of the second year following the year in which the tax return was submitted, verifies whether the information declared is in conformity with the documentation kept by the taxpayer and with the data gathered from the tax returns of other subjects or transmitted, as legally required, by welfare and social security organisations, banks and insurance companies. To this end the taxpayer whose tax return is subject to formal inspection is invited by the office to exhibit or transmit the documentation demonstrating the correctness of the information declared and provide clarifications in the event that discrepancies are encountered between the latter and the information possessed by the Revenue Agency. The formal inspection allows to:

• exclude completely or partly the deduction of the withholding taxes;

• exclude completely or partly the undue tax detractions and the deductions from income on the basis of the documents requested from taxpayers;

• determine the tax credits owed on the basis of the information resulting from the tax returns and from the documents requested from taxpayers;

• correct the material and calculation errors committed in the withholding agents’ tax return.

The outcome of the formal inspection is communicated to the taxpayer. The taxpayer who pays the sums requested within thirty days benefits of a reduction of the sanction.

CORREZIONE DEL MODELLO 730 (CORRECTION OF THE 730 FORM): possibility to integrate the 730 Form by presenting the Modello Unico form (when the taxpayer realises that he has not declared all or some of his/her income) or by submitting a new 730 form by 31st October (when the correction entails a greater refund or a reduced debt).

CORRISPETTIVO (SUM DUE): sum paid for the purchase of a product or service. It can include value added tax (VAT), which is debited to the purchaser as a reimbursement.

COSTI (COSTS): the sums that the business has to sustain in order to acquire goods, services and production items necessary for its activities. They represent the negative elements in the formation of income; they can be deducted, according to specific tax norms.

COSTITUZIONE IN GIUDIZIO (ENTRY OF APPEARANCE): the filing of the appeal at the secretariat of the Tax commission appealed to (with certification that the submission has occurred) and of other documents required by law, to be carried out within the non-extendable deadline of 30 days from the submission of the appeal. According to a recent jurisprudential trend it cannot be sent by means of ordinary mail.

COSTRUZIONI RURALI (RURAL BUILDINGS): buildings or portions of buildings and relative outbuildings belonging to the possessor or tenant of the lands. In particular, these buildings are intended for:

• the accommodation of the persons responsible for the cultivation of the land, and for looking after the land and the livestock, as well for the accommodation of the dependant family members living with them;

• the shelter of the animals necessary for the cultivation of the land;

• the storing of the machines, equipment and provisions needed for the cultivation and conservation of agricultural products.

The new rules have introduced the obligation to report at the Building Cadastre all rural buildings that are still recorded in the Land Cadastre.

CREDITO DA DICHIARAZIONE (CREDIT DERIVING FROM TAX RETURN): the difference, in favour of the taxpayer, between the tax due for the year to which the tax return refers and the amount already paid in the form of withholding tax and down payment; the surplus can be requested as a refund or used to compensate present and future tax debits. The credits resulting from the tax return, which the taxpayer chooses not to use in compensation or to carry over to the following year, are refunded by the offices on the basis of automatic procedures. If the taxpayer has not provided the details of his bank/post office account, the refund is paid in different ways, depending on the amount:

• for amounts up to € 999.99, inclusive of interest, the taxpayer receives the communication to go to any post office where, showing an identity card, can collect the refund in cash;

• for amounts over € 999.99 and up to € 51,645.69, inclusive of interest, the taxpayer is invited to communicate his bank details, together with a form to be filled and delivered, by the specified deadline, to a post office. If the taxpayer fails to deliver the model and does not provide the details of his account, the refund is made by bank draft issued by the Bank of Italy;

• for amounts exceeding 51,645.69, inclusive of interest, and interest-only repayments for any amount, the refund is made, for safety reasons, only by bank or post office credit.

CRITERIO DI CASSA E DI COMPETENZA (CASH BASIS AND ACCRUALS BASIS): method of allocation of income and costs: in the period in which they were collected or sustained (cash basis) or in the period in which they matured, irrespective of the moment of collection or payment (accruals basis).

CUD (CERTIFICATION OF THE WITHHOLDING AGENT): certification valid for both tax and social security purposes, given to employed and retired workers and to those who earn income treated as income from subordinate employment. Starting from 1998 it replaced the 101 and 201 forms. It must be issued by the month of March of the following year or, if the relationship of employment ends, within 12 days of the employee’s request.

CUMULO GIURIDICO (JURIDICAL ACCUMULATIVE SANCTIONS): application of the sanction that should be imposed for the most serious violation, increased by a quarter to half, when the taxpayer, even at different times, commits a number of violations that, in their progression, prejudice or tend to prejudice the determination of the taxable income or of taxes. If the violations refer to various taxes, the basic sanction is first increased by a fifth. If they concern different tax periods, the basic sanction is first increased by half or triple. They differ from the “material” accumulative sanction, which is a simple sum of the applicable sanctions. Juridical accumulative sanctions (which obviously cannot be higher than the material ones) cannot be applied for non-payments.

CUNEO FISCALE (TAX WEDGE): the tax wedge or contribution wedge is the difference between the cost of the work sustained by the company and the net retribution that remains available to the worker. It is formed by the taxes and contributions commensurate with retribution, which are paid by the employer and by the employee. It is therefore formed by a heterogeneous group of components that affect different subjects.