The joint account can be a double-edged sword in some situations. Irpef, for example, does not offer discounts.
What happens when you own a joint account. What, as regards the movement of money perhaps deriving from payments made by only one of the spouses. From the point of view tax the withdrawal of cash paid by one spouse to a joint account and withdrawn from the other can represent a real offense. Fiscally speaking, the practice would not be allowed and also for the purposes Irpef the transaction is not considered acceptable.
The case was revealed with the history of a man who had received a tax assessment from of the Agency income related to the withdrawal of a sum of money from an account jointly held with the wife. There Court of Cassation which, with the ordinance n. 25684 of 22 September 2021 has in fact rejected the appeal of the man who in fact revealed the dynamic that sees the money paid by his wife not, practically belonging to him.
Joint current account: what the law establishes and how the Tax Authority moves
The money present on a joint account, it is considered by both parties only in the case in which the willingness of the person paying a certain sum to make a gift to the other is proven. Among the passages of the ordinance, the following is read: “on a strictly civil law level, the payment of a sum of money by a spouse to a current account jointly in the name of the other spouse does not in itself constitute an act of liberality. In fact, the act of cointestazione, with separate signature and availability, of a sum of money deposited with a credit institution that appears to have belonged to only one of the contestants, can be qualified as indirect cloning only when the existence of the animus donandi is verified. The latter, in fact, consisting in ascertaining that the owner of the money had no other purpose than that of liberality”
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The taxpayer in question, he was therefore sentenced to pay compensation for the damages suffered by his wife with the undue appropriation of the sum of money in question. At that point, the assessment by the Tax, with the due personal income tax to be paid regarding the operation carried out. In short, the story seems to be closed.
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