Fisco

Tax decree at the end of May: here is what it provides for travel expenses and VAT on works of art

In the measure under study also corrective measures on the disposal of professional firms

by Marco Mobili and Giovanni Parente

Il Dl fiscale in arrivo a fine maggio introduce novità su spese di trasferta, Iva sulle opere d’arte e cessioni studi professionali

4' min read

4' min read

A tax decree-law that, on the one hand, would make it possible to speed up the entry into force of certain corrective measures to the last budget law or tax reform, and in particular the new rules on IRPEF and IRES, and, on the other hand, would provide for the postponement of certain tax deadlines, first and foremost the entry into force of the sugar tax set for 1 July next year and destined, at least in the intentions of the MEF, to be postponed to 1 January 2026. The new urgent measure is expected to arrive in the last week of May so as to bring into effect some corrective measures to the taxation of corporate and personal income that have an immediate impact with this year's tax returns and thus with the 2024 tax year.

Traceable travel expenses

.

Among the most controversial rules, at least in terms of application for businesses, of the latest budget law is the traceability of travel expenses. In response to requests from professionals and businesses, a clearer perimeter of the new obligation to trace travel expenses introduced as of 1 January 2025 is on the way. On the payment of transport costs (essentially taxis) or meal expenses, a double tax axe will in fact fall on the employee and the company.

Loading...

In the first case, in fact, the reimbursement of expenses incurred is subject to taxation. While on the employer's side, the penalty is the non-deductibility of costs reimbursed to employees. A new rule that, as mentioned, has created many problems for businesses, especially since under the current wording there are no territorial borders and it applies to expenses incurred both domestically and abroad. This is an obvious nonsense given that the measure was created for anti-evasion purposes to hit the recipients of payments and bring to light taxable income from those who perhaps collect in cash and then do not declare.

This is why the course correction destined to enter into the tax decree law (and thus ensure its immediate effectiveness) would limit the traceability obligation to only travel expenses incurred within the national territory. Moreover, the rewriting of the rule is necessary to coordinate it with the new taxation rules for self-employment introduced with the tax reform and, in particular, with the Irpef-Ires decree law.

Reduced VAT on works of art

.

Always with an eye abroad, the Government is accelerating on the dossier of reducing the VAT rate on the sale of works of art. France and Germany have already moved in the direction of reducing the VAT levy (to 5.5% and 7% respectively) thus giving a greater boost to the trade in paintings and other important works. In Italy, the tax delegation (Law 111/2023) had established a principle that was to lead towards a reduction of the ordinary VAT rate to 22 per cent.

So far, however, no action has been taken, mainly for reasons of the cost of the change. The need to speed up in order not to make the Italian art market lose ground to its EU competitors emerged a few weeks ago in the words of the Minister of Culture, Alessandro Giuli, in response to a question time at the Chamber of Deputies in which he assured that the Ministry of the Economy supported the initiative and work was already underway to find the funding.

The hypothesis being worked on is that of moving the rate from the ordinary 22% to the subsidised 5% rate and passing it through the decree law could give an immediate boost, with effects as early as the second half of the year. Even if, on this point, reflection at the Mef could also lead to moving the VAT facilitation on works of art to a legislative decree implementing the tax delegation both on the VAT front and on the revision of miscellaneous income such as capital gains on works of art.

International Taxation

.

Other measures that need to be adopted urgently and therefore necessarily require inclusion in a decree law concern corporate taxation in the international sphere. At the top of the list is the issue of anti-sanctions documentation on hybrid misalignments. The topic concerns globalised companies that operate in several countries and that exploit individual national rules to deduct costs or obtain tax advantages in several countries.

With a view to greater transparency towards the Italian tax authorities, along the lines of what had already happened in the case of transfer pricing, companies can demonstrate the correctness of their actions by collecting a dossier to neutralise possible future penalties from the tax authorities. This is a complex task for which time is now running out, considering that for tax periods from 2020 to 2022 the deadline is 30 June. Hence the attempt to ensure a longer time horizon. The hypothesis on the table is to align the current end-of-June deadline with the 31 October deadline for documentation for the 2023 and 2024 tax periods.

The other changes

.

On the technical tables, however, there are also other hypotheses of interventions, originally conceived for an outline of a corrective decree of the delegation, which require a faster process. Especially for the adjustments to the Irpef-Ires decree, which already have an impact on the 2024 tax period and thus on the tax returns to be submitted this year.

Among the issues also submitted by accountants is the question of disposals of shares in firms, professional associations and Stp. As things stand at present, these disposals produce capital gains or losses for the professional concerned, which are attracted to the taxation of self-employment income.

Also in line with the Irpef Ires decree (which introduced tax neutrality for merger and reorganisation operations of professional firms), the idea under consideration is to have the transfer of participations by professionals transited in the taxation as miscellaneous income.

Copyright reserved ©
Loading...

Brand connect

Loading...

Newsletter

Notizie e approfondimenti sugli avvenimenti politici, economici e finanziari.

Iscriviti