The judge sentenced Roma Capital to legal costs for distributing six tax bills to a user, actually ignoring his income situation, which exempted him from payment by law. The sentence that Roma Today was able to see is inconsistent with the practice.
“The tax magistrate has chosen not to apply the regulation of the Municipality of Rome, as is usually the case in such cases, but only a principle of social equity” to lawyers Daniele Castro and Susanna D’Alessio Explains, who assisted Manuela (named Fantasy) in the appeal against the Capitol. But let’s see the details of the case.
In 2012, the woman communicates this with her ama (indicator of equivalent economic status). It does not exceed the limit of €6,500 per year and is entitled by the Capitoline regulation to a total exemption from payment of tax on waste. In 2020, however, the same is received from Aqua Roma, the collection agent of Roma Capital, six payment requests corresponding to six years’ alleged arrears of approximately 7 thousand euros, with attached penalties for non-payment.
“The woman was not aware, and was not informed, that, in order to continue to take advantage of this exemption in the following years, the municipality’s regulation provides that she must resubmit the appropriate application every year” Explain to Hence the appeal to the Provincial Tax Commission of Rome. The woman had not actually resubmitted the application every year, but she still had income requirements to be able to take advantage of the subsidy in those years.
Ama’s claim was illegitimate for the lawyers. The aspect on which the judge has agreed to quash the notices in full, accepting the reasons of the taxpayer. It is true that there is a regulation and it has not been respected, but it is a formal aspect that cannot prevail, implying a final decision on the real inherent in the poverty situation of the applicant. “This Commission considers – reads the text of the sentence – that the formal failure to comply with the repetition of the request does not lead to the termination of the right of exemption after ascertaining the existence of the conditions envisaged by law”.
In short, the woman had every right not to give Tari. On the other hand, there are people who deserve it and don’t pay it. Suffice it to say this is the latest data released by Capital on tax evasion and Ama’s inability to collect it effectively. Over the past five years, Capital has collected only 34% of the money collected from citizens. And he was able to recover only 20% of the fine issued. The data was provided during the presentation of the 2021 report, the last session of the city council by Capitoline councilor Sylvia Skócz for the budget.
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