- Benefits related to the CPB have effects starting with the 2025 VAT declaration.
- The Revenue Agency provided clarification in response to a FAQ.
- Benefits arising from adherence to the two-year pre-insolvency agreement, which mirror those provided by the ISA bonus scheme, are linked, in the first application, to the tax periods 2024 and 2025.
- Consequently, the exemption from the application of the conformity check, within the limit of 70,000 euros per year, for the purposes of offsetting or refunding VAT credit, is applicable as of the 2025 VAT declaration, to be submitted by next April 30.
- The clarification, released yesterday by the Revenue Agency in response to a FAQ, had been anticipated by the instructions for completing the 2025 VAT form, referring to the “Signature of the declaration” on the front page, where it was specified that taxpayers who have adhered to the two-year pre-insolvency agreement are also required to check the box “Exemption from the affixing of the conformity check”.
- The application of the benefits referred to in Article 9-bis paragraph 11 of Legislative Decree 50/2017 has been extended to taxpayers who adhere to the two-year pre-insolvency agreement as a result of the provisions of Article 19 paragraph 3 of Legislative Decree 13/2024.
- Unlike the ISA bonus scheme, the benefits in question apply regardless of the tax reliability score of the taxpayer who has accepted the tax proposal.
- The extension of the bonus scheme also to taxpayers who, while adhering to the two-year pre-insolvency agreement, do not reach the ISA score required of the general public of taxpayers is not explicit, but can be derived by interpretation, considering that:
- the income proposed to each taxpayer by the Revenue Agency is calculated by maximizing the individual ISA indicators; in other words, acceptance of the pre-insolvency agreement presupposes an implicit ISA adjustment, up to the maximum score;
- the provision of Article 19 paragraph 3 of Legislative Decree 13/2024 would be pointless if the bonus scheme could only apply to taxpayers who, in addition to adhering to the pre-insolvency agreement, have an ISA that reaches at least the score set annually by the Revenue Agency.
- The applicability of the benefits regardless of the ISA score was also confirmed by the Revenue Agency, in response to a FAQ of October 25, 2024.
- Adherence to the two-year pre-insolvency agreement by ISA subjects (the bonus scheme in question does not apply to flat-rate taxpayers, regardless of whether or not they adhere to the CPB) therefore brings with it:
- exemption from the affixing of the conformity check for the offsetting of credits for an amount not exceeding 70,000 euros per year for VAT and for an amount not exceeding 50,000 euros per year for direct taxes and IRAP;
- exemption from the affixing of the conformity check or from the provision of the guarantee for VAT refunds for an amount not exceeding 70,000 euros per year;
- exclusion of the application of the rules on non-operating companies;
- exclusion of assessments based on the simple presumptions referred to in Article 39 paragraph 1 letter d).
Source: eutekne.info
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
