Il principio della substance over form alla luce del Decreto Legislativo n. 139 del 18 agosto 2015 e del nuovo OIC 11

ABSTRACT:

The Substance over Form principle is presented, in the various conceptual frameworks of IAS/IASB as the necessary way to provide for a faithful representation of transactions and phenomenon to be recognised. The faithful representation is a translation of the anglo-saxon term “ true and fair view ” and expresses a standard, that is to say a behavior to be followed by users to reach the objective assigned to financial information. In the draft Conceptual Framework, financial information must be faithful to the financial situation of the entity. Therefore, the Substance over Form Principle is the way to ensure that financial information faithfully represents the financial reality of the entity. The principle has been included in Directive 2013/34/EU and it has been codified in the Italian Civil Code too.

KEYWORDS: Directive 2013/34/UE, accounting harmonization, national accounting systems, substance over form principle.