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The contractor is not liable for tax evasion if the Accountant is responsible for the failure to declare the

The accountant who is responsible for the failure to declare and pay VAT exonerates the entrepreneur by the crime of tax evasion.
This follows a ruling of the Court of Cassation, the number 1806 filed January 20, 2011.
In particular, the preliminary hearing judge of the Court of Genoa had declared not to proceed against the legal representative of Liguria srl \u200b\u200bbecause his accountant, in connection with an investigation into VAT evasion, had taken full responsibility for not providing the statement and then dell'omesso payment.
against this decision, the Genoa Public Prosecutor's Office filed an appeal to the Supreme Court without success. The third criminal division, with a very brief reasons, dismissed all the concerns raised by the prosecution that the decision of the lower courts suffered from a lack of reasoning, "seems completely illogical that a person in good faith regarding the failure submission of the annual annuity for more than he had at least awareness of non-payment of tax due. " In this
objection to the Supreme Court said that the prosecutors did not take into account that "Gup took into account the amount of tax actually processed on the basis of assessments made by the Financial Police, with the result that can not be said to be the illogical statement in the concluding part of the sentence about the lack of evidence of exceeding the threshold of criminality