Transfer of the tax credit: the relaunch decree excludes joint and several liability


What is the transferee’s responsibility in case of acquisition of tax credits assigned by third parties? Do I reply jointly and severally with the transferor?

These are questions that are often coming to the editorial office in the face of the measure contained in theart. 122 of the relaunch decree (decree-law n. 34 of 2020), with which the legislator allows the assignment of tax credits (also to credit institutions and other financial intermediaries) set up to deal with the economic consequences of the health emergency from Covid-19. In detail, the possibility of assignment (which can also be partial) refers to the following receivables:

  • tax credit for shops and shops referred to in article 65 of the decree-law of 17 March 2020, no. 18 (Cura Italia decree);
  • tax credit for rental fees of properties for non-residential use and business rent as referred to in article 28 of the relaunch decree;
  • tax credit for the adaptation of work environments referred to in Article 120 of the Relaunch Decree;
  • tax credit for sanitation of the workplace and the purchase of protective devices referred to in Article 125 of the Relaunch decree.

The assignee’s responsibility in using the credit

Although for know the implementation methods of the measure in question, the Inland Revenue will have to issue the implementing provision (which will also define how to exercise the assignment option), while the law provides that the transferee (i.e. the person who acquires the credit) will be able to use it with the same procedures envisaged for the transferor. So, for example, with reference to the tax credit for shops and shops, those who acquire it for sale can use it only in compensation in F24.

However, one of the major must be underlined critical aspects of the provision in comment which could considerably limit its scope.

The law establishes that the transfer is allowed until 31 December 2021 but also provides that the portion of credit not used by the assignee in the year cannot be used in subsequent years and cannot be requested for a refund. In other words, it is lost.

Regarding the responsibility of the assignee for the existence of the credit receivedon the other hand, for these, a “non-joint” responsibility with the transferor is stability. In fact, the law provides that, without prejudice to the powers of the competent Administrations relating to the control of the tax credit and to the assessment and imposition of sanctions against beneficiaries, the transferee is liable only for any use the tax credit irregularly or to a greater extent than the credit received. It is therefore not responsible, for example, for the non-payment of the credit to the assignor upstream.

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