Categories: Insights, Practice

Tag: Agenzia delle Entrate, appalto, Decreto Fiscale, Ispettorato Nazionale del Lavoro


1 Dec 2020

Labour intensive contracts: Inspectorate lacks jurisdiction for withholding taxes

The Labour Inspectorate, with note no. 1037 of 26 November 2020, intervened on an investigation of offences against an employing party in a “labour-intensive” contract.

Regulatory references

Art. 4 of the Decree Law 124/2019 (the “Fiscal Decree“) added to Legislative Decree 241/1997 the new art. 17bis, which imposes new obligations on employing parties in labour-intensive contracts.

Particularly, as of 1 January 2020, contracting companies must request their contractor and subcontractors, a copy of the payment authorisations relating to withholding taxes, which were withheld from workers directly employed in any work or service under the contract. The payment of withholding tax is made by the contractor and subcontractor, with separate powers of attorney for each employing party, without the possibility of compensation.

The same provision stated that if there were a violation of these obligations, payment of the fees accrued by the contractor could be suspended up to 20 per cent of the value of the work or service “or by an amount equal to the unpaid withholding tax according to the data resulting from the documentation sent.”

The Inspectorate’s clarifications

The Labour Inspectorate, in its note, referred to the Inland Revenue circular no. 1E of 12 February 2020 which pointed out that the explanatory report in art. 4 identifies the purpose of the obligations to counter the “phenomenon consisting in the omitted or insufficient payment, including through undue compensation, of withholding taxes on employees and similar income recipients.” This takes place through systems which charge the employing party involved with the “labour-intensive” contracts.

The violation of the employing party’s obligations is sanctioned by a pecuniary sum equal to that imposed on the contractor for the incorrect determination and execution of withholding taxes, or late payment, without the possibility of compensation.

The Inspectorate note stated that the Inland Revenue specified: “this sum is not due when: despite the employing party not having correctly fulfilled the obligations under paragraphs 1 to 3, the contractor or subcontractor correctly fulfilled the obligations, or availed itself of the voluntary correction of tax return under article 13 of Legislative Decree no. 472 of 18 December 1997, to remedy the violations committed prior to being contested by the control bodies”.

According to the Inspectorate, the employing party ‘s control obligations were aimed exclusively at making the tax obligations of entrusted companies effective. Their violation cannot be ascribed to labour and social legislation violations, for which the Inspectorate may have jurisdiction.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

12 Oct 2026

“AI tools, remote work and confidential data: employer liability in a borderless environment” – IBA Conference 2026

At the IBA Annual Conference 2026 in Copenhagen, our Managing Partner Vittorio De Luca moderated a panel on one of the most pressing challenges facing employers today: the…

1 Oct 2026

Corporate e-mail and defensive monitoring: when the GDPR and employment law lead to different outcomes 

The Piaggio case clearly illustrates how the same set of facts can give rise to profoundly different assessments depending on the perspective adopted. In its decision of 13…

1 Oct 2026

NASpI and Reinstatement: the Employee’s Election Causes Loss of the Benefit 

Headnote   In its recent judgment No. 24981 of 3 September 2026, the Italian Supreme Court held that, where a dismissal is set aside with an order of reinstatement…

1 Oct 2026

Did you know that… testimony given in court may have disciplinary relevance and, in the most serious cases, justify dismissal? 

The Italian Supreme Court, Labour Section, by order no. 25687 of 22 September 2026, addressed the issue of the disciplinary relevance of statements made by an employee in…

29 Sep 2026

Shadow AI in the workplace: how to govern risks, data, and security (Agenda digitale, 29 September 2026 – Vittorio De Luca and Martina De Angeli)

The spread of artificial intelligence tools used without corporate authorization exposes businesses to risks involving personal data, confidential information, know-how, and cybersecurity. To govern Shadow AI, organizations need…

24 Sep 2026

The concept of “territorial scope” in a non-compete agreement (Top24 Lavoro Ai – Il Sole 24 Ore, 24 September 2026 – Vittorio De Luca and Alessandro Ferrari)

Interpretative issues in light of the most recent case law on the nullity of non-compete agreements due to the indeterminacy of territorial scope By an order issued on…