Supreme Court rules in favour of Aareal Bank on registration tax for judicial enforcement measures

The Italian Supreme Court of Cassation has ruled in favour of Aareal Bank AG in a landmark tax dispute concerning the application of registration tax to judicial decisions. The ruling establishes a significant precedent regarding the tax treatment of judgements rendered during proceedings related to the opposition of enforcement.

Aligning with the arguments presented by the bank, the Supreme Court clarified that a judgement issued in an opposition-to-execution proceeding is subject to a fixed registration tax rather than a proportional one. The court's reasoning specifies that such a ruling does not ascertain a specific financial value or asset transfer, but instead serves to verify whether and to what extent a creditor may proceed with forced execution against a debtor. This distinction is fundamental in determining the appropriate tax rate for judicial measures in enforcement cases.

The appeal filed by the Italian Revenue Agency was dismissed. Given the novelty of the legal issue and the absence of prior Supreme Court precedents on this specific matter, the court ordered the offset of litigation costs between the parties.

Aareal Bank AG was represented throughout the proceedings by Pirola Pennuto Zei & Associati. The team for the Supreme Court phase was led by partner Tonio Di Iacovo, alongside counsel Delia Berto and Benedetta Rossi. Partner Alessandro Benassi managed the case during the previous merits phases of the litigation.