Gli interessi di mora "automatici": ratio legis ed implicazioni di bilancio e fiscali

Translated title of the contribution: [Autom. eng. transl.] "Automatic" default interest: ratio legis and budgetary and fiscal implications

Tiziano Luigi Sesana

Research output: Contribution to journalArticlepeer-review

Abstract

[Autom. eng. transl.] The introduction of "automaticity", by law, the accrual of default interest and the impossibility of derogating from it unless there is an unjust damage to the creditor, has certainly not indifferent computational and accounting implications. It will therefore be necessary to monitor that all receipts and payments take place at the established deadlines and, otherwise, to charge the exercise of default interest, respectively, active and passive. Consequently, in the financial statements the same must be correctly classified and evaluated, as well as clearly represented. Again, particular attention must be paid when the principal credit / debit is paid, since this, in the silence of the parties, must first be attributed to interest and then to capital and therefore, if it is not sufficient to extinguish both, will lead to the maturation of additional default interest on the main residual credit / debt. In the moment in which all this did not take place, the financial statements would be unequivocally contrary to the regulatory provision referred to in articles 2423 et seq. of the Civil Code (the directors and statutory auditors would therefore bear the consequent responsibilities) and significant tax consequences would arise in the assessment (adjustments to increase taxable income due to failure to attribute to the exercise of default interest accrued in the same, etc.).
Translated title of the contribution[Autom. eng. transl.] "Automatic" default interest: ratio legis and budgetary and fiscal implications
Original languageItalian
Pages (from-to)293-327
Number of pages35
JournalRIVISTA DEI DOTTORI COMMERCIALISTI
Publication statusPublished - 2003
Externally publishedYes

Keywords

  • interessi di mora

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