Warning: cashing cashier’s checks can lead to a tax assessment

Pay attention to cashing out cashier's checks, especially if you don't have a sufficient evidence base. The taxman can issue an assessment to be paid by a taxpayer even on the basis of only the collection of checks on the bank without transit on the current account, even for the mere "Exchange" of the checks themselves. The specific case is of a lawyer who has cashed bank drafts extra account, this results from the recent sentence n.8718 of March 30, in which the Supreme Court rejected an appeal on this matter by a lawyer, with a motivation of 17 pages.

In this sentence, the collection of checks, even extra-account, therefore with collection at the bank's cash desk, is considered comparable to a payment even if this does not happen physically. Therefore, an assessment can be issued as an allocation of revenues pursuant to Article 32 of Presidential Decree 600/73. The only way to get rid of the presumption relating to collections is to be able to prove the subsequent payment of the sums to third parties.

At this point, the professional who collected them, perhaps on behalf of the customer, only needs to have documentary proof of the service provided to customers, in order not to risk paying undue taxes. The presumption of payments-collections for professionals therefore risks being a very heavy constraint if not taken with the necessary attention. presumptions are a very important factor in the investigations, even if I doubt they will stop the evasion, indeed they indicate the way for the tax evaders to be able to do "Black" in relative safety: just avoid presumptions …

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The article Warning: cashing cashier's checks can lead to a tax assessment comes from ScenariEconomici.it .

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This is a machine translation of a post published on Scenari Economici at the URL https://scenarieconomici.it/attenzione-incassare-assegni-circolari-puo-portare-ad-un-accertamento-del-fisco/ on Wed, 31 Mar 2021 09:51:06 +0000.