Italy: Reaffirmation of standard refund applications – Update
Clearstream Banking AG1 informs clients that effective
1 March 2024
the fee for a new refund request will be charged for reaffirmation of a client's refund applications to prevent the 10-year prescription.
Background
According to art. 2943 of the Italian Civil Code, outstanding claims are deemed to expire after 10 years from their dispatch to the Italian Tax Authorities if the final investor or its representative – based on Power of Attorney – do not reaffirm their request to recover the tax overwithheld at source.
Following announcement A17082, all Italian standard refund requests filed since 18 April 2012 are submitted with a Power of Attorney to Clearstream Banking. The Power of Attorney allows the payment of refunds on the Clearstream Banking account and also prevents the 10-year prescription of refunds by appointing Clearstream Banking to reaffirm the client’s request to recover the tax overwithheld at source.
Impact on clients
Clearstream Banking will continue to process the reaffirmation of the reclaims reaching the 10-year prescription by default based on the Power of Attorney already provided and will charge the standard refund fees applicable as per our fee schedule.
Clients not willing to apply for reaffirmation should inform Clearstream Banking accordingly and request a closure of the pending refunds. Communication must be done via SWIFT MT599 and addressed to PTS – Tax Services, Italian Market, clearly stating the reference of the reclaim for which the reaffirmation should not be processed.
Important note: Only reaffirmation of refund applications through Clearstream Banking is not considered a new refund request, and clients are reminded that Clearstream Banking accepts no responsibility for their acceptance or non-acceptance by the Italian tax authorities.
Further information
For further information, please contact the Clearstream Banking Tax Help Desk, Clearstream Banking Client Services or your Relationship Officer.
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1. This Announcement is published by Clearstream Banking AG (CBF), registered office at Mergenthalerallee 61, 65760 Eschborn, Germany, registered with the Commercial Register of the District Court in Frankfurt am Main, Germany, under number HRB 7500.