L’article 121 D.L. 34/2020 (so-called “Relaunch Decree“), with the purpose of to support there recovery of the economy following the crisis connected to the epidemiological emergency from COVID-19, introduces, experimentally, a mechanism of transformation of some tax deductions in Discount on the consideration due and in transferable tax credit. In particular, the subjects who support, in the 2020 is in the 2021, expense for certain interventions (specifically listed in paragraph 2) can opt, in place of the direct use of the fiscal detraction for the same, alternately:
- for a contribution, in the form of Discount on the consideration due up to a maximum amount equal to corresponding same, premature from supplier who carried out the interventions and from the latter recovered in the form of tax credit, with the faculty of subsequent sale credit to other entities, including the lenders and the others financial intermediaries;
- for the transformation of the correspondent amount in tax credit, with the faculty of subsequent sale to other subjects, included therein lenders and other financial intermediaries.
The provisions contained in the article in question apply for expense relating to interventions of:
- recovery of the building stock (article 16-BIS, paragraph 1, letters a and b, Tuir – interventions by ordinary maintenance is extraordinary, restoration is conservative restoration, building renovation on the common parts of the building or on the individual real estate units);
- energy efficiency (article 14 D.L. 63/2013);
- adoption of anti-seismic measures (article 16, paragraphs 1-BIS at 1-f, D.L. 63/2013 and paragraph 4 of thearticle 119 of the same “Relaunch Decree”);
- recovery or restoration of the facade from existing buildings, including those alone cleaning or painting external (article 1, paragraph 219, Law 160/2019 – so-called “bonus facades“- please note that the concession consists of a tax deduction, to be divided into 10 constant annual installments, equal to 90% of the expenses incurred in 2020 for interventions, including those of cleaning only or external painting, aimed at the recovery or restoration of the external facade existing buildings located in certain areas; only interventions on the opaque structures of the facade, on balconies or on ornaments and friezes are eligible for the benefit);
- installation of photovoltaic systems (article 16-BIS, paragraph 1, letter h, Tuir, including the interventions referred to in paragraphs 5 and 6 of thearticle 119 of the same “Relaunch Decree”);
- installation of small columns for the recharge of velectric vehicles (article 16-terL. 63/2013 is paragraph 8 of article 119 of the same “Relaunch Decree”).
THE tax credits are also used in compensation based on the residual installments deduction not used. The tax credit is used with the same breakdown in annual fees with which the deduction. There quote of unused tax credit during the year it cannot be used in following years is a refund cannot be requested. Anyhow, do not apply the compensation limits required by current regulatory provisions.
For the activities of control, the attributions and i powers on the subject of income tax provided by articles 31 and following of Presidential Decree 600/1973.
THE providers and the subjects assignees answer only forpossible utilization of the tax credit so irregular or in larger measure compared to discount applied or al credit received.
As part of the ordinary control activity, the Revenue Agency proceeds, on the basis of selective criteria and also taking into account the operational capacity of the offices, to document verification the existence of the assumptions which entitle you to tax deduction in the ordinary assessment terms.
In the event that the non-subsistence, also partial, gods requirements which entitle you to deduction, the Revenue Agency provides for the recovery dell ‘amount corresponding to the deduction not due (amount increased by interest and penalties).
The recovery must be made against the beneficiary of the original deductions. Stay still in the presence of contest in violation, the application of the rule whereby, where multiple people compete in one violation, each of them is subject to sanction for this arranged (article 9, paragraph 1, Legislative Decree 472/1997). It also stands still joint and several liability of the supplier who applied it Discount and gods assignees for the payment of the amount, plus penalties and interest.
It is entrusted to a measure the director of the Revenue Agency is responsible for defining the modality implementation of the provisions in question, including those relating totelematic exercise of the options.
The provisions of thearticle 121 expressly derogate the specific provisions on credit assignment and of invoice discount contained in articles 14 is 16 of the D.L. 63/2013.