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by limagnolia 100 days ago
I don't know about Italian law, but in the US tax evasion is pretty difficult in many cases to prove. It is illegal in the US to deliberately defraud the IRS to evade paying taxes, it is not illegal to make a mistake, or claim a deduction you think you can claim when the IRS decides you can't, etc. So prosecutors must prove you had an intent to evade taxes you knew you owed. Because they can rarely meet that bar, criminal charges are rarely brought.
1 comments

In Italy, if you are charged of tax evasion, you need to demonstrate that you are not evading. It's called "inversion proof"
that seems terrible
it's for the civil part. (so you need to show the tax office some paper trail that you based your filings on. invoices, bills, contracts, emails, receipts. and if they are formally okay, then the tax agency has to show that they are just fake papers.)

as far as I understand the criminal part still considers intent and so on (and has a higher standard for burden of proof), but if you file for VAT return and then you have zero invoices (and so the numbers simply don't add up) the court can easily find that there was intent to defraud the state. (and then sentencing is based on the amount of damages.)

Doesn't seem to be universal but applied narrowly for example for financial crimes.