Special Telefisco 2025: today the conference. Concordat, stop the tax pact if you buy a company in the two-year period

Another clarification on the concordato preventivo (anticipated in the pages of today's Il Sole 24 Ore) concerns the new Cpb rules for 2025-2026. In particular, the 'all in/all out' mechanism between individual professionals and associated firms, Stp or Sta in which they participate. The rule, introduced by Article 9 of the corrective decree 81/2025, provides that the new tax pact is precluded in the event that, for the same tax periods, not all subjects: individual professionals and associations (or Stp/Sta) do not adhere.

Circular 9/E of 24 June specifies, however, that 'it is without prejudice to the case in which, for the activity exercised by the association, company between professionals or company between lawyers, the Isa is not approved'. And now the Agency clarifies a further aspect: this 'derogation' concerns cases in which the professional association declares business income, while the Isa provided for its activity 'has been approved exclusively with reference to the exercise of arts and professions'.

In fact - as already explained in Faq No. 2 of 17 October 2024 - some Isa are approved for activities carried out in the form of a business or self-employment, but others 'for activities carried out exclusively in the form of self-employment' (such as, for example, services provided by accountants, accounting experts, labour consultants and auditors). Therefore, affirms the Agency, if the collective entity declares business income, but the Isa refers exclusively to the exercise of arts and professions, this will not be concretely applicable: thus falling into the case of exclusion highlighted by the circular, with the possibility for individual professionals to adhere individually to the Cpb.

Among other clarifications by the Inland Revenue, important indications also arrive for flat-rate professionals (also anticipated in Il Sole 24 Ore).

The Agency pronounces on the limit of EUR 85,000, which must not be exceeded in order to access the favourable regime. In order to measure invoices and fees, one will have to look at the cash criterion and not the accrual criterion. In other words, the payments actually received will be the decisive factor.

'In the flat-rate regime,' explains the Agency, 'revenues or fees received are determined according to the cash principle, the verification of the 85,000 euro limit will have to be carried out taking into account said principle'. Consequently, 'the amounts collected in the reference year regardless of whether the relevant services were performed in the previous year' will contribute to exceeding the EUR 85,000 limit.