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Reopening of land and not listed participation reassessment.

Art. 1 co. 997 – 998 of Law no. 205/2017 (so called 2018 Budget Law) had deferred the system of redefinition of land acquisition cost and land acquisition price and value (being it rural or building site), as originally provided by Art. 7 of Law No 448 of 28.12.2001.

The “Sport Package” of the 2018 Budget Act: what’s new for the Italian football?

The Law No. 205 of 27 December 2017 (“2018 Budget Act”) introduced several new regulations for the sport sector.

In particular, in order to implement the investments within the sport sector, the Italian Government approved the twenty two ad hoc measures contained in the so-called “Sport Package”.

These measures form a set of rules regarding both amateur and professional sport; they rapresent a real revolution which concerns all the fiscal and organizational Italian sport clubs regulations. However, the aforesaid law, in force as of 1 January 2018, will bring important changes especially within the Italian football.

The following is a summary of the main provisions of interest:

 contributions for football stadiums and sports facilities in order to encourage their modernization and valorization;

 distribution of the revenues arising from the selling of the Serie A Championship television rights in order to allocate more financial resources in favor of the smaller companies;

 introduction of a new amateur sport clubs for profit;

 the establishment of a Sport Agents National Register in order to ensure the professionalism of the sport agents;

 contributions and incentives in favor of the clubs which invest in young players under 21;

 other measures: including but not limited to, reform of the professional sportsmen pension system; establishment of the right to practice sports in favor of the non-EU minors.

Employment changes as provided for by the 2018’s Budget.

The Government Budget Law for 2018 has enacted several measures to increment the employment; to this aim the Government has also used again the tax reliefs for the hiring of new personnel . Moreover there are new provision for early retirement and severance payments.

Plea bargaining effective only after tax debt off payment.

Court of Cassation ruling n. 169 dated January 8-th 2018, confirms the validity of the art. 13-bis of Dlgs. 74/2000 (as per amendments brought about by Dlgs. 158/2015), despite quite a lot of concerns raised in jurisprudence.
The above mentioned regulation gives to the guilty the possibility to plea bargain only after the mitigating circumstance of a total tax debt off payment, inclusive of all administrative sanctions and their interests, but prior to the starting of the first degree hearing or by full active repentance.

The new “for profit” amateur sport clubs.

The Italian Budget for 2018 has introduced several provisions with the purpose of encouraging the process of modernization of the amateur sports sector. Inter alia, the opportunity to establish “for profit” the amateur sport clubs is certainly one of the most relevant innovations.

New regulation on GSE’s powers in imposing sanctions – Possibility of voluntary disclosure.

The so called Benamati amendment to 2018 Financial Law – amendment approved in early December – aims at trying to make more flexible the GSE sanction system following GSE’ surveys on renewable energy plants.
The goal is to introduce a more proportional sanction system based upon the type and the rank of the violations ascertained by the GSE as well as a mechanism of voluntary disclosure to settle the consequences of possible violations thus further reducing the relevant sanctions applied by the GSE.

Insolvency of the silent partner: the annual term shall not apply.

With the Court order n. 22270 dated September 25th 2017, the Supreme Court of Cassation addressed the matter of the extension of the insolvency procedure of a limited partnership to the silent unlimited partner. The Judges confirmed that the annual term sets forth in the article 147, paragraph 2 of Regal Decree n. 267/1942 (the Italian “Bankruptcy Law”) shall not find application in such a case.

Decree no. 231/01 extended to fight against racism and xenophobia as well.

Law no. 167, dated November 20th 2017, “Dispositions on the fulfillment of obligations regarding Italy in its affiliation to European Union – 2017 European Law” is now published.
Within the implementation of Framework Decision no. 2008/913/GAI concerning fight against all racism and xenophobia types and expressions, 2017 European Law set out the inclusion of a new art. 25 – 13th paragraph in matter of fight against racism and xenophobia to the rules of Legislative Decree no. 231, dated June 8th 2011