Lost fund: EU has decided. Who can have it and who can’t


After assemblies and discussions by the European Commission, on 2 July 2020 the EU communicated its decision on the topic of contributions to lost fund for use by companies and professionals who own VAT number in difficulty following the medical emergency brought by the Coronavirus.

The go-ahead was thus confirmed by the European Commission regarding the extension of potential beneficiaries who will be able to take advantage of the support implemented with the Relaunch Decree to help companies and owners of VAT number to deal with the ongoing economic crisis. In this way, with the confirmation of the EU, even micro and small businesses will be able to take advantage of the economic benefits, both of the lost fund than Irap rebates. Here’s what changes and what are the requirements to apply for support.

Grants: what they are

According to the provisions of art. 25 of the decree-law 19 May 2020, n. 34, a contribution was recognized to lost fund in favor of all subjects having business activities, or with self-employment, or with agricultural income, holders of regular VAT number.

This is one of the many support measures envisaged by the Relaunch Decree, for which the State has made available 6.2 million euros, in order to help small businesses and professional workers with VAT number during the Coronavirus emergency.

In fact, according to the data communicated by the Inland Revenue, to date 890 thousand payment orders have already been paid, which translate into a total total of approximately 3 billion euros.

The amount foreseen for individual aid a lost fund is variable. The calculation must be made on the basis of the percentage of the difference between the turnover recorded by the beneficiaries in April 2020 and the turnover recorded in April 2019 (with a minimum of € 1,000 for individuals and € 2,000 for businesses ).

What changes after the EU go-ahead

One of the main problems that emerged since the publication of Circular 15 / E of the Inland Revenue which therefore led to the need to consult the European Commission and request the change, is in relation to the definition by the EU regulation of the term “companies in difficulty “.

In fact, within the circular it had been specified that financial support a lost fund it could only be requested by those companies that were not in a difficult situation as of December 31, 2019.

In the Circular, the term “companies in difficulty” referred, in fact, to the definition offered by article 2, point 18, of Commission Regulation (EU) No. 651/2014, of 17 June 2014.

According to the EU definition, a company can be considered in difficulty only if it falls into one of the cases provided for by the Regulation. Among the aspects most criticized by the European definition is the fact that the expected cases would have consequently led to the exclusion of a large group of companies in difficulty, such as small and micro enterprises, from the possibility of requesting and using grants.

So following the discussion with the European Commission as protagonist, the third modification of the temporary framework for state aid measures to support the economy in the current Covid-19 emergency was published.

In this way, it was established that economic aid and therefore also contributions to lost fund, may also be requested by micro and small enterprises, even if they were already in difficulty as of December 31, 2019, provided that they are not subject to any insolvency procedure and that they have not received any help from the State for the restructuring or rescue.

Who will be able to access support

According to what is communicated in the Revenue Agency Circular 15 / E, the contribution to lost fund can be requested by:

Holders of agricultural income pursuant to art. 32 of the TUIR with turnover in the year 2019 not exceeding 5 million euros; by other subjects with revenues pursuant to art. 85, paragraph 1, lett. a) and b) of the TUIR or fees pursuant to art. 54, paragraph 1, of the same TUIR not exceeding 5 million euro in the tax period preceding that in progress on the date of entry into force of the decree.

This therefore means that the contribution to lost fund may be requested by the owners of VAT number who carry out business or self-employed activities and holders of agricultural income, who in 2019 recorded revenues or remunerations up to a maximum total of 5 million euros.

In addition, the Revenue Agency has specified that the contribution to lost fund it can also be requested in the absence of the following conditions from the subjects who started the activity starting from 1 January 2019 or from the subjects who, since the onset of a calamitous event, have their tax domicile or operational headquarters in the territory of affected municipalities from the event, in which the states of emergency are still ongoing.

The requirements for access to the lost fund

In order to access contributions a lost fund it is therefore necessary, first of all, that the applicant must fall into the categories of subjects envisaged by the Relaunch Decree, therefore: holders of VAT number who carry out business activities or self-employment, holders of agricultural income.

Furthermore, a second fundamental requirement refers to the amount of revenues or fees recorded during the year 2019, which must not exceed 5 million euros.

Who will be excluded from the benefit

Having specified the requirements to be able to access the benefit, the Inland Revenue has also provided some indications on the audience of subjects who cannot in any way request and take advantage of contributions to lost fund.

Among the subjects who are not entitled to the contributions are: subjects with activities that ceased on the date of submission of the request, public bodies (see Article 74 of the TUIR), financial intermediaries and holding companies (specifically expressed within the art.162-bis of the TUIR), the taxpayers who are entitled to other indemnities provided by the art. 27 and 38 of the decree-law 17 March 2020, n. 18; and finally, employees and professionals enrolled in the bodies of private law of compulsory social security (expressed by the legislative decrees of 30 June 1994, n. 509 and 10 February 1996, n. 103).

In addition, the contribution to lost fund it cannot be requested even by VAT holders, who started their business after April 30, 2020.

How to apply for the lost fund

In order to apply for contributions a lost fund, businesses and professionals with VAT number, may submit the application to the Inland Revenue, presenting the model directly electronically.

If the applicant intends to submit the application independently, he can do so by accessing the reserved area of ​​the “Invoices and Fees” portal on the Revenue Agency website.

Otherwise, you can also submit the application through an intermediary, delegated to the “Tax drawer” service of the Revenue Agency or to the “Consultation and acquisition of electronic invoices or their electronic duplicates” service of the “Invoices and Fees” portal or alternatively it must be specifically delegated through a self-declaration expressed within the model itself.

Sending the request for access to the contribution a lost fund it can be done starting from June 15, 2020 no later than August 13, 2020.

However, only in cases where those who intend to claim the benefit a lost fund they are heirs who continue the activity on behalf of the deceased, will be able to transmit the application from 25 June 2020 to 24 August 2020.

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