The Supreme Court has recently laid down the principle whereby, in case of a pledge of quotas of a limited liability company, the calculation basis, for registration tax purposes is the guaranteed sum (and not the value of the pledged quotas).
The Court has thus denied that the notion of instrument of credit provided by Article 43 of Presidential Decree no. 131/1986 includes the above quotas as well as those of other or partnerships’, for the latter do not have the characteristics of literalness, autonomy and incorporation typical of the instruments of credit. Consequently, in case of a pledge over such assets, the tax must be paid on the amount of the sum secured thereby.
Court of Cassation, Sec. V, orders nos. 9377 and 9378 of 22 March 2022