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Tax on the joint account: who risks and who does not risk

Tax on the joint account: who risks and who does not risk

No one noticed it until recently A common account Between husband and wife, in some cases it can become a problem when one of the spouses withdraws money without the consent of the person who paid the money in advance.

What did the Supreme Court say?

As we recently dealt with, with Judgment No. 25684 of September 22, 2021, the Court of Cassation decided that no Withdraws Money if there is no will for one of them: even if the account is joint, and therefore joint, this does not mean that the husband can withdraw the wife’s money without her consent. In our case there is a man who was rejected after evaluating the amount that the woman paid in the bank. Since the judges considered it a “mistake”, the guy would have to pay us tax (so that’s a joke). However, in other cases, there is no danger: the tax authorities and the law will not knock on our door.

When can you withdraw your wife’s money

You have to pay close attention. In the specific case of the decree concerning the unhappy spouse, these were sums of money that he had appropriated without consent From his wife, without justification, to the point that he was ordered by the civil judge to return the full amount. From this it is clear that spouses who take money for the maintenance of the family, the education of children, the payment of school fees and any other situation related to the interests of the family, are not in danger. In this case, no refunds will ever be requested, and the funds will not be taxed. Let’s say the example described is definitely not on the agenda but an extreme case, just to show how Italian law works with the sentence that was in place a few days ago.

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What does the civil law say?

lex art. 1298 of the Civil Code stipulates that “It is assumed that the amounts in the joint current account are divided among the joint owners in equal parts“.But, after this decree, the presumption is no longer valid in cases where”It is clear that the payments are attributable to the other spouseFor this reason, only in these cases, the tax Ready to knock: Any withdrawals will be familiar with the revenue agency that, already knowing our current account financial position (items like average annual balance, for example), will be able to initiate all necessary investigations into each single withdrawal, thus On the joint account as well. As they say: a careful couple …