Bonus investments in the south: the company transfer excludes the recalculation of the benefit

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The Revenue Agency, in the Answer # 143 / E of 25 May, again addresses the theme of tax credit for investments in the south, established with paragraphs 98-108 of Law no. 208/2015 (2016 Stability Law), resolving the case of a lady (instant) who transferred her company to a newly established company of which she is also its legal representative.

The aforementioned lady shows that her company (transferred) has been the subject of important expansion projects in the last four years, which, among other things, have provided for the purchase of new capital goods, for which she has requested and obtained, in December 2019, the authorization to use the tax credit in the South (Model CIM17). This tax credit, being an integral part of the conferred company, was transferred to the newly established company.

The lady, therefore, believing that the company transfer does not constitute a cause for the restatement of the tax credit in question, requests the Financial Administration for clarifications on the operating procedures to be adopted to carry out the transfer of the aforementioned credit, for the unused portion, from the position of the transferring company to that of the newly established company conferment and in particular if it is necessary that the latter must or not transmit a new CIM model, an adjustment (of the communication presented by the transferor), indicating itself as the new beneficiary of the tax credit.

The obligation of restatement

The Revenue Agency, after having recalled the essential aspects of the benefit of the tax credit for investments in the south and having recalled that the subjects who intend to use them are required to make a specific communication, using the Model CIM17 (approved by provision of the Director of the Revenue Agency prot.

n. 670294 of 9 August 2019), highlights the regulatory provision contained in art. 105 of the aforementioned 2016 budget maneuver, pursuant to which “if, within the fifth tax period following the one in which they entered into operation, the assets are disposed of, transferred to third parties, destined for purposes unrelated to the operation of the company or destined for production structures other than those which have given right at the discount, the tax credit is recalculated by excluding the cost of the aforementioned assets from subsidized investments“.

The goods circulate with the conferred company

However, according to the Financial Administration, in agreement with the instant lady, believes that in the case in question, the hypothesis of credit restatement cannot be applied, “because the goods subject to facilitation (including the related tax credits) are not individually disposed of or transferred to third parties, but circulate together with the company that will be conducted by the assignee as part of the exercise of an entrepreneurial activity. In addition, the same goods are not intended for production structures other than those that would entitle to the concession, since the applicant has conferred the entire company on the newly established company“. This interpretation is also reflected in the previous one Circular no. 38 / E of 9 May 2002, concerning the tax credit for investments in the depressed areas referred to in art. 8 of Law no. 388 of 2000.

Therefore, on the basis of the aforementioned observations, the Revenue concludes by believing that the contributing company will not have to present an amending CIM Model, but when it is going to use the “transferred” credit in compensation, it will have to be careful in Model F24 to report in the field “fiscal Code“, Your tax code (ie the tax code of the assignee); in the field “taxpayer code co-obliged taxpayer, heir …“, The tax code of the transferring company; in the field “identification code“, The code” 62 “.



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