Urgent tax simplification measures, financial provisions and social operations were released with Decree Law 73 of 21.6.2022, published in Official Gazette No. 143 of 21.6.2022 and came into force on 22.6.2022 (the so-called ‘Tax simplification’ decree). The decree was converted into Law 122 dated 4.8.2022, published in Official Gazette No. 193 of 19.8.2022, and came into force on 20.8.2022, setting out many new items with respect to the original text.

The main new changes made during the conversion of Decree Law 73/2022 into law are analysed below.

1 CONSTRUCTION ALLOWANCES, OPTION FOR A DISCOUNT ON THE PAYMENT OR TRANSFER OF DEBT, TRANSFER OF DEBTS

Art. 40-quater of Decree Law 73/2022, included during conversion into law, once again amended the regulations arising from Art. 121 sub-para. 1 of Decree Law 34/2020 on the transfer of debts deriving from ‘optional’ construction operations.

1.1 FOURTH OR LAST TRANSFER TO CURRENT ACCOUNT HOLDERS – EFFECTIVE DATE

Art. 57 sub-para. 3 of Decree Law 50 dated 17.5.2022 (the so-called ‘Assistance’ Decree Law) which sets out that “the provisions as per Article 14, sub-para. 1b) [Ed. note of Decree Law 50/2022], apply to communications of the first transfer or discount in the invoice sent to the Revenue Agency from 1 May 2022,” was revoked during conversion of Decree Law 73/2022..

Following the said revocation, therefore pursuant to Art. 121 sub-para. 1 of Decree Law 34/2020, as per the last amendment by Art. 14 sub-para. 1b of Decree Law 50/2022, for communications (first transfer or discount in the invoice) also presented before 1.5.2022, the fourth and last transfer can be made by banks, i.e. by “companies belonging to a banking group enrolled in the professional Register as per Article 64 of Legislative Decree 385 dated 1 September 1993” to “persons other than consumers or users, as defined by Article 3, sub-para. 1a, of the Consumers’ Code, as per Legislative Decree 206, dated 6 September 2005, who have stipulated a current account contract with the bank, or the parent bank, without the right to further transfer”, i.e. to all persons other than the individuals acting for purposes unrelated to the entrepreneurial, commercial, artisan or professional work possibly performed.

The only regulation defining the effective date of the amendment to the law made by Art. 14 sub-para. 1b, of Decree Law 50/2022 remains the one found in sub-para. 1-bis of Art. 14, Decree Law 50/2022 (included during conversion) pursuant to which “the provisions as per sub-para. 1b, numbers 1 and 2, also apply to transfers or discounts in invoices advised to the Revenue Agency before the date the conversion law of this decree came into force[Ed. note set as 16.7.2022], subject to the upper limit of the transfers as per Article 121, sub-para. 1a and 1b, of Decree Law 34 dated 19 May 2020, converted, with amendments, by Law 77 dated 17 July 2020”.

Essentially, the extension of the pool of potential ‘end purchasers’ should also apply for all tax credits ‘generated’ by communications of the discount in the invoice option applied by the supplier or the ‘first transfer’ option made directly by the beneficiary of the allowance, presented electronically to the Revenue Agency before 16.7.2022 (date the conversion law of Decree Law 50/2022 came into force).

1.2 POSSIBLE PRECEDING TRANSFERS

There is still the possibility for the beneficiary of the tax allowances to opt for the transfer of debt relating to the deduction due in place of taking advantage of it in their income tax return or the so-called “discount on the payment”.

After a first transfer (directly by the beneficiary or the supplier who applied the discount on the payment) to any third-party assignee, another two transfers can be made but only to ‘supervised entities’ and a final transfer to current account holders.

2 TAX CREDITS FOR THE PURCHASE OF ELECTRICITY AND GAS – ELIMINATION OF THE “DE MINIMIS” LIMIT

Art. 40-quater of Decree Law 73/2022, included during conversion into law, rescinding Art. 2, sub-para. 3-ter of converted Decree Law 50/2022, eliminates the requirement to respect the “de mini­mis” limits to take advantage of the tax credits paid to companies for the purchase of electricity and natural gas.

3 PRESENTATION OF INTRASTAT LISTS – REINSTATEMENT OF THE PRECEDING TIME LIMIT

As a result of the amendments to Art. 3, sub-para. 2, of Decree Law 73/2022 made during conversion to law, the time limit for the presentation of the periodic INTRASTAT lists reverted to the 25th of the month following the reference period (month or quarter).

The original version of Art. 3, sub-para. 2, of the Decree set the time limit as the last day of the month following the period (month or quarter) the lists referred to.

Effective date

The reinstatement of the preceding time limit for the presentation of the INTRASTAT lists has been in force since 20.8.2022 (the day the conversion law of Decree Law 73/2022 came into force).

As a result, the time limit of the 25th of the month following the reference period should be applicable to the time limits not yet in effect at the above-mentioned date.

4 COMPUTERISED ACCOUNTS

Art. 1 sub-para. 2-bis of Decree Law 73/2022, included during conversion into law, has an effect on Art. 7,
sub-para. 4-quater of Decree Law 357/94. This law states that keeping accounts using electronic systems on any support is considered compliant even if the accounts are not put onto paper within the legal time limit (i.e., within three months of the time for the presentation of the income tax return), on condition that during access, inspection or check, they are updated and printed before the relevant agencies in response to a request made by them.

As a result of the amendments, the provision no longer concerns just keeping but also “the conservation” of computerised accounts. Further, compliance of the accounts is no longer recognised only if there are no paper copies according to the law but also “replacement digital conservation” pursuant to the Digital Administration Code.

Effective date

The amendment has been in effect since 20.8.2022, the date the conversion law of Decree Law 73/2022 came into force.

5 INFORMATION ON PUBLIC ASSISTANCE – TERMS AND CONDITIONS FOR COMPLIANCE

Art. 3 sub-para. 6-bis of converted Decree Law 73/2022 integrates the law on the information requirements for public funding, as per Art. 1, sub-para. 125 et seq. of Law 124/2017. The sub-paragraph sets out that, subject to the deadline of 30 June each year, indicated for compliance purposes on the website, for entities which comply in the Explanatory Notes to the Financial or Consolidated Accounts for the accounting year, the date by which compliance should be ensured is that set out for approval of the financial accounts.

Therefore, it seems that, for persons drafting an abbreviated form of the financial accounts and non-commercial bodies, the legislation sets out the option of compliance on the website or compliance in the Explanatory Notes.

Effective date

As there is not a specific regulation on the effective date, it seems logical to apply the new elements to public funding received in 2022, to be accounted for in 2023.

6 REGULATION OF PAYMENTS AND COMPENSATION WITH THE F24 FORM – EXTENSION

Art. 3-bis of Decree Law 73/2022, included during conversion to law, sets out the possibility for tax payers to make unitary payments of any tax or duty, however named, due to the state, regional bodies and social security agencies, in accordance with the regulation of payments and compensation through the F24 form, pursuant to Art. 17 of Legislative Decree 241/97.

Effective date

Art. 3-bis of converted Decree Law 73/2022 will be applicable from the date that a Ministry of the Economy and Finance decree comes into force. The decree will indicate and regulate the types of payments that can be made with the F24 form using credits in compensation that are not already included in the regulations as per Art. 17 of Legislative Decree 241/97.

7 CERTIFICATION OF REGULATED LEASE CONTRACTS

Art. 7 of converted Decree Law 73/2022 extends the validity of the certification on ‘regulated’ leasing contracts so that, in certain conditions, they can also apply to more than one contract concerning the same property as long as the contracts have the same contents, as specified during conversion into law.

7.1 CERTIFICATION OF COMPLIANCE OF THE CONTRACT TO THE AGREEMENT

Alternatively, after the Ministerial Decree dated 16.1.2017 came into force, the following conditions had to be met for the application of the tax benefits set out for regulated lease contracts (including, for example, the 10% rate of the flat rate tax or the 30% reduction of the IRPEF (personal income tax) taxable base):

• that the leasing contract is stipulated with the assistance of the respective property ownership and tenants’ associations;
• that contracts stipulated without the assistance of the respective property ownership and tenants’ associations have a certificate, issued by one of the associations signing the regional agreement, that confirms that the economic and legislative contents of the contract correspond to the regional agreement.

7.2 VALIDITY OF THE CERTIFICATE

The certificate was valid for the individual agreement for which it had been requested until Decree Law 73/2022 came into force.

As a result of Art. 7 of that Decree Law, as integrated during conversion, the certificate “can apply to all leasing contracts stipulated after its issue with the same contents as the contract for which it was issued, until any variations in the features of the property or the District Agreement of the municipality it refers to”.

As a result, the same certificate can apply to more than one contract stipulated for the same property as long as the conditions of the said property or the District Agreement have not changed.

During conversion, it was specified that the certificate can apply to contracts subsequent to the one for which it was issued, on condition they have the same contents as the original contract.

8 RESEARCH, DEVELOPMENT AND INNOVATION TAX CREDIT – CERTIFICATION OF THE WORK, AUTHORISED BODIES

With reference to the possibility for companies to ask for certification indicating the qualification of their research and development work, as set out by Art. 23, sub-para. 2-8 of Decree Law 73/2022, to favour application of the research, development and innovation tax credit (Art. 1, sub-para. 200 – 203-sexies of Law 160 dated 27.12.2019) in conditions of operational certainty, included during conversion to law, the following will always be amongst the bodies authorised to issue such certification:

• public universities;
• legally recognised private universities;
• public research bodies.

9 SIMPLIFIED REPORTING FOR SMART WORKING

Art. 41-bis of Decree Law 73/2022, included during the conversion to law, makes the simplified reporting procedure for smart working structural, overcoming the requirement to send the individual agreement to the ministerial offices.

The law does not remove the requirement to stipulate an agreement with the worker set out by Art 18, sub-para. 1 of Law 81/2017, which must, in any case, be signed and filed in accordance with the provisions of ordinary law.

Contents of the report

The employer must advise the Ministry of Labour of:

• the names of the workers;
• the start and termination dates of the smart working.

Transmission method

The report must be sent electronically following the instructions in a special Ministerial Decree.

Sanctions

Failure to report will lead to application of the sanction set out by Art. 19, sub-para. 3 of Legislative Decree 276/2003, ranging from Euro 100.00 to Euro 500.00 for each worker involved.

Effective date

The provision came into effect on 1.9.2022.

If necessary, please do not hesitate to contact the appropriate person in our company.

Milan 16/09/2022

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