Regime di risparmio amministrato, in dubbio i conferimenti in neutralità ex art. 177, comma 2 e 2-bis, TUIR

[Autom. eng. transl.] For shareholdings held under the administered savings regime, it is doubtful whether the taxpayer can make the contribution in fiscal neutrality pursuant to art. 177, c. 2 and 2-bis of the TUIR. In fact, there is an anti-avoidance rule (art. 6, c. 6, of Legislative Decree 461/1997) which equates every transfer of instruments under the administered savings regime from a securities dossier to another securities dossier, registered to a different person, to a transfer for consideration, realizing the related capital gains. In the absence of official clarifications from the Revenue Agency and jurisprudential pronouncements, this article summarizes the reasons why the anti-avoidance provision should not be applied, especially for contributions aimed at reorganizing the corporate structure for the implementation of the transition generational.