Tax returns and bankruptcy: the novelties of Judgment no. 30715 of 2025

The tax management of insolvency proceedings has always represented one of the most complex challenges for bankruptcy trustees. Among the most significant obligations is the filing of the tax return for the so-called "maxi-period," i.e., the time interval between the opening and the closing of the bankruptcy. Recently, the Court of Cassation revisited the subject with judgment no. 30715 of November 21, 2025, offering fundamental clarifications on the timing of this obligation in a dispute involving the State Attorney General's Office and the taxpayer M. M.

The regulatory framework and the deadline for the final declaration

The core of the issue lies in the interpretation of Art. 5, paragraph 4, of Presidential Decree (d.P.R.) no. 322 of 1998. This provision governs the deadlines within which the trustee must file the final tax return. In practice, the doubt often arises as to whether such a declaration must necessarily await the formal decree closing the bankruptcy or if it can be anticipated. The Supreme Court, confirming the orientation expressed by the Second Instance Tax Commission of Bolzano, has reaffirmed a principle of operational flexibility that favors the efficiency of the procedure.

In the event of bankruptcy, the tax return relating to the final state of the proceedings, concerning the tax period included between the beginning and the closing thereof, must be filed within the deadline provided for by Art. 5, paragraph 4, of d.P.R. no. 322 of 1998 (in the text in force ratione temporis), which, by limiting itself to providing only the final deadline but not the initial one for compliance, allows for the fulfillment of the obligation, in relation to the so-called bankruptcy maxi-period, even before the closing of the proceedings, provided that all pending relationships have been settled and all elements composing the income to be declared are known to the trustee.

This principle is of extreme importance as it clarifies that the rule establishes a final deadline (ad quem), but not a rigid initial deadline (a quo). In practical terms, this means that the trustee should not feel bound to wait for the final formal act of the court if the economic and financial situation of the proceedings is already crystallized and definitive.

Conditions for early filing

However, the option to anticipate the declaration is not absolute, but subject to strict conditions that guarantee the truthfulness and completeness of the tax data communicated to the Revenue Agency (Agenzia delle Entrate). Judgment no. 30715/2025 emphasizes that the trustee may proceed only when:

• All pending bankruptcy relationships have been irrevocably settled.
• All assets and liabilities that contribute to the formation of the income for the maxi-period are known and documented.
• There are no uncertainties regarding possible subsequent events that could alter the final tax result.

The orientation expressed by the judges of legitimacy aims to reconcile the need for speed in the proceedings with compliance with tax obligations, avoiding that excessive formalism might delay the actual closing of the bankruptcy or the correct liquidation of the taxes due. It is a pragmatic approach that takes into account the operational reality of bankruptcy offices.

Conclusions

In conclusion, the 2025 Cassation judgment no. 30715 offers a reliable guide for professionals in the sector. The possibility of filing the final tax return before the formal closing, provided there is certainty regarding the income data, represents a useful tool to accelerate the final phases of the bankruptcy. It remains essential for the trustee to evaluate with extreme care the finality of legal relationships before proceeding, in order to avoid adjustments or penalties deriving from an incomplete declaration. Jurisprudence is thus confirmed to be oriented towards a simplification that never disregards the rigor of tax accounting.