Italy's Supreme Court clarifies rules on fraudulent asset removal

The Italian Court of Cassazione issued two 2026 rulings that tighten the legal definition of fraudulent asset removal. In the tax‑related case (sentenza n. 18526), the Court held that a conviction for fraudulent removal requires a concrete act of disposition intended to hinder tax collection; mere movement of assets or suspicion is insufficient. The decision emphasizes the need for a demonstrable act that creates a material obstacle to the Treasury’s enforcement actions.

In a separate bankruptcy case (sentenza n. 20129), the Court ruled that even the diversion of obsolete or low‑value assets can constitute fraudulent bankruptcy if the conduct is genuinely capable of reducing the guarantee available to creditors. The judgment confirms that the crime does not depend on the assets’ value but on the concrete risk to creditor rights, expanding the scope of article 322 of the Italian Bankruptcy Code.