The economic and health emergency caused by Covid-19 has resulted in businesses and professionals, the incurring additional costs aimed at protecting the health of its employees or making work environments and tools safe, in addition to ordinary costs related to the exercise of the activity economic such as, for example, the lease payments of the instrumental properties.
To mitigate the described charges, several have been introduced tax breaks, contained in bulk in the various Law Decrees issued by the Government, the well-known Care Italy, Liquidity and Relaunch Decrees; the latter – D.L. 34/2020 – with Article 122 introduced the possibility of transfer some tax credits recognized by measures issued to deal with the emergency from Covid-19.
It’s a matter of tax credits of newly constitutedone, such as:
- tax credit for shops and shops referred to inarticle 65 D.L. 18/2020, converted with modifications from 27/2020 – recognized to subjects carrying out business activities, for the year 2020, to the extent of 60% of the amount of the rent, relating to the month of March 2020, for properties falling within the cadastral category C / 1;
- tax credit for i rents for non-residential buildings referred to inarticle 28, paragraph 1, Legislative Decree 34/2020 – intended for subjects carrying out business activities, art or profession, with revenues or fees not exceeding 5 million euros in the tax period prior to the one in progress on 19 May 2020, to the extent of 60% of the monthly amount of the rent referring to the months of March, April and May 2020, in the case of leasing, leasing or property concession contracts for non-residential use intended for carrying out industrial, commercial, artisanal, agricultural, tourism-related activities or for the habitual and professional exercise of self-employed activity;
- tax credit for complex service contracts or business rent referred to inarticle 28, paragraph 2, Legislative Decree 34/2020 – inclusive of at least one property for non-residential use intended for carrying out industrial, commercial, artisanal, agricultural, tourism-related activities or for the habitual and professional exercise of self-employed activity, due in measure of 30% of the related fees;
- tax credit for theadaptation of work environments referred to inarticle 120 D.L. 34/2020 – intended for subjects carrying out business activities, art or profession in places open to the public indicated in Annex 1, to associations, foundations and other private entities, including third sector entities, to an extent equal to 60% of the expenses incurred in 2020, for a maximum of 80,000 euros;
- tax credit for sanitizing of work environments is the purchase of protective devices referred to inarticle 125 D.L. 34/2020 – intended for subjects carrying out business, arts and professions, non-commercial entities, including third sector entities and civilly recognized religious entities, to an extent equal to 60 percent of the expenses incurred in 2020 for the sanitization of environments and tools used, as well as for the purchase of personal protective equipment (PPE) and of other devices acts to guarantee the health of workers and users, up to a maximum of 60,000 euros for each beneficiary.
TO from 19 May 2020 (date of entry into force of the Relaunch Decree) is until December 31, 2021, the beneficiaries of the tax credits listed above can, in place of direct use, opt for the transfer, even partial, of the same to other subjects, ibid including credit institutions and other financial intermediaries (paragraph 1, article 122).
THE assigns use the assigned credit in compensation pursuant toarticle 17 of Legislative Decree 241/1997. The tax credit is used by the transferee with the same ways in which it would have been used by the transferor.
The portion of credit not used in the year cannot be used in subsequent years, and a refund cannot be requested. Furthermore, the limits set out inarticle 34 L. 388/2000 (maximum limit of 700,000 euros in tax credits and countervailable contributions) and allarticle 1, paragraph 53, Law 244/2007 (annual limit of 250,000 euros for credits from framework RU).
The assignment of credit does not affect the powers of the competent Administrations related to control of tax credit entitlement and the assessment and imposition of sanctions against the beneficiaries referred to in paragraph 1.
THE assignees are liable only for the possible use of the credit tax so irregular or to a greater extent than the credit received.
In other words, the transferor will respond to any disputes from the Financial Administration on the credit for the assignment.
With provision of the director of the Revenue Agency will be defined implementation methods of the provisions in question, including those relating to them to exercise the option, to be carried out in electronically.
Finally, we report the following news with reference to compensation in F24: