Tax and social security debts below the threshold do not preclude access to the agreement

Last checks in view of the Tuesday 30 September deadline on the possible blocking causes that could prevent access to the two-year arrangement with creditors (Cpb) for the years 2025-2026. Certainly, one of the cases on which to focus attention concerns the presence of debts for taxes administered by the Inland Revenue Agency or contribution debts, definitively ascertained with an irrevocable judgement or with tax acts that are no longer subject to appeal for an amount equal to or greater than €5,000. For taxpayers who have adhered to the Cpb 2025-2026, the provision precludes access in respect of debts past due on 31 December 2024.

This limit is to be considered as a whole (including also interest and penalties) considering both types of debts cumulatively (Faq No. 9 of 8 October 2024). The threshold is to be determined by calculating the entire amount of the debts, irrespective of the unit amount of the individual items. If the level in question is exceeded overall, a ground for exclusion is triggered that precludes access to the Cpb. However, debts subject to suspension (judicial or administrative) or instalment payments that are still effective are not relevant.

In the presence of debts past due on 31 December 2024, there is however a lifeline. In fact, participation in the arrangement remains possible if, within the deadline for acceptance of the proposal (currently set at 30 September 2025), the taxpayer extinguishes all or part of the above-mentioned debts, provided, however, that the total and cumulative amount of the residual debt remaining (again, including interest and penalties) is below the threshold of EUR 5,000 or, alternatively, the entire debt is paid in instalments. It is therefore not necessary for the debt to be paid in full, it being sufficient that it be at least brought below the limit in question. As an alternative to paying the debt, it is still possible to fall within the perimeter of adhesion also in the event of instalment or suspension, at least for the part exceeding €5,000.

It therefore appears essential that the taxpayer verifies its debt amount before sending the declaration of adhesion to the Cpb, proceeding in the manner and form indicated above at least to bring the debt below the threshold in order to then validly proceed, bearing in mind that this condition must be complied with both during the access phase, but also during the continuation of the arrangement.

As clarified in paragraph 6.11 of Circular No. 18/E/2024 in the case of an arrangement with companies, the condition must be assessed considering only the debts of the company and not those of the individual shareholders. Moreover, only debts resulting from acts that can no longer be challenged (notices of assessment or final payment demands) are relevant. Overdue reminder notices, as long as they do not become a bill, are not considered debts precluding access to the Cpb.