At Montecitorio

Fuel decree gets the green light from the Chamber of Deputies: the bill now goes to the Senate

In the Finance Committee at the Chamber of Deputies, a government amendment has combined three measures

 APN

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

Three measures approved by the Chamber of Deputies in one go. The Chamber of Deputies has given the green light to the bill that combines the decree-law from late July with the two from August: 162 votes in favour, 108 against and 5 abstentions. It will now go to the Senate for conversion into law, which must be completed by 27 September.

The (few) new features

The text is virtually identical to that of the three measures. At the plenary session, incidentally, no amendments were approved. The only amendments had been tabled earlier, in the Finance Committee of the Chamber of Deputies. With regard to the repayment of public funds by the receivership bodies of the Ilva Group and the Acciaierie d’Italia Group under special administration, it is stipulated that such repayment must take place ‘as a preferential claim’ and ‘with priority over any other claim in the respective special administration proceedings’.

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Specifically, the provision stipulates that the repayment of public funds to the State takes precedence ‘over any other claim arising from the proceedings themselves, whether pre-deductible or under insolvency proceedings, including those secured by a pledge, mortgage or other legitimate ground for priority’, thus expressly derogating from the ordinary rules governing pre-deductible claims set out in the Code on Corporate Crisis and Insolvency.

The only exception is made for employment-related claims, which will therefore continue to be settled before public funds are repaid to the State. Furthermore, the exemption from criminal, administrative and civil liability for conduct by the commissioners in implementing the Environmental Plan is confirmed. The latest development concerning the former Ilva concerns the Integrated Environmental Authorisation (AIA): it is established, in fact, that plants declared to be of national strategic interest “are subject to the AIA at national level” and, therefore, not at regional level.

Advance tax payments by energy companies

To help cover the cost of the excise duty cut, the Government is calling on the major energy companies to cooperate. This is not a tax on windfall profits, but a 39 per cent advance tax on the profits of companies with revenues exceeding 20 billion, the distribution of which has been approved for the 2025 financial year.

The advance payment “is due solely in respect of withholding tax and substitute tax relating to profits whose distribution was resolved” prior to the entry into force of the provision “and which are due to be paid on a date after 31 December 2026”, as set out in the provision amended by a sub-amendment tabled by the rapporteur Marco Osnato (FdI). In return for the advance payment, a tax credit of the same amount is granted, to be used, at the time of the actual payment of the profits, to offset the amount of withholding tax and substitute tax due.

‘Where the tax deductions actually due are less than those determined in advance, the difference may be used immediately to offset other liabilities (without the application of the annual limits provided for by current legislation) or refunded on request. Conversely, where the actual withholding tax is higher, the difference is paid in the usual manner”, clarifies the explanatory memorandum to the measure. An implementing decree issued by the Minister for the Economy and Finance will then set out ‘the procedures for implementing’ the provision, ‘including the rules governing the flow of information between those liable for payment, the intermediaries responsible for applying the substitute taxes and the centralised management company’.

The subsidy for road hauliers (which has already been increased again)

Finally, the Government’s amendment, which consolidated the three decrees, also added 11.4 million euros for subsidies for the road haulage sector. This figure has been increased further in the most recent decree-law (that of 10 September, and therefore not included in the measure just approved by the Chamber of Deputies): today, the total allocation for businesses in the sector stands at 413.6 million.

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