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Tax reform, only one third of the regulations passed

In the past month, six ministerial decrees and two revenue measures have arrived. Mef and agencies accelerate implementation

Sanzioni, cosa rischiano i contribuenti

3' min read

3' min read

Six ministerial decrees and two measures of the Inland Revenue in the last month: the implementation of the tax reform accelerates on the second level regulations. Bringing today to 36% the share of regulations and administrative acts issued out of the total of those provided for by the delegated decrees (31 out of 86).

The numbers are still low. But at the beginning of September, one year after the enactment of the enabling act 111/2023, it stood at 26.5 per cent. And the increase is even more significant given that since then - even ignoring the extraordinary rules on special repentance - three delegated legislative decrees have been added, each with its own load of second-level provisions: the Decree on inheritance and indirect taxes (139/2024), the one on customs (141/2024) and - lastly - the secondo decreto Irpef-Ires, definitively approved by the Council of Ministers on 3 December and not yet published in the Official Gazette.

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The Ministry's recovery

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With the signatures put at the foot of the decrees at the end of November and beginning of December, the deputy minister of the Economy, Maurizio Leo, gave another push to the implementation of the legislative decree on cooperative compliance (221/2023), defining the criteria for the certification of the effectiveness of tax risk management systems and the requirements for access to the regime.

Other ministerial decrees implemented the rules on the tax representative's guarantee (required by the Assessment Decree), the document set on hybrids (International Taxation Decree), and the fees for members of the tender commission for the management of automated lotto and other numerical games. A text, this one on fees, which is one of the first implementing provisions of the Legislative Decree on games, together with the Customs and Monopolies Determination of 25 October, which regulated the requirements for recharge points of sale. A determination that was, moreover, suspended by the Regional Administrative Court pending a decision on the merits.

The sprint of the last few weeks has seen a partial recovery of the ministerial decrees, which in the first year of implementation had been overtaken by the measures of theInland Revenue, which were quicker to enact and did not need to be concerted with other dicasteries. A case in point is the measure signed on 19 November by the director - now resigning - Ernesto Maria Ruffini to enrich the tax drawer with communications resulting from automated checks on declarations.

LE SINGOLE MISURE

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The twinning of acts

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While the overall percentage of second-level measures issued has increased, there are some legislative decrees that stand at zero or almost zero. These are, of course, those that arrived last in the Official Gazette, but also the decree oncollection, with the long-awaited regulations on deferments for businesses and citizens, still lags behind.

On the other hand, the administrative machine can be very complex to set in motion. First of all, because quite some time can pass between the signing and publication of a ministerial decree. Let us take, for example, Decree No. 126 of the MEF, which explains how taxpayers in collaborative compliance can align themselves with the indications of the offices and make amends: it was signed on 31 July, but did not appear in the Official Gazette until 10 September and came into force on 25 September.

Sometimes a decree is not enough, as in the case of the Ministerial Decree of 9 December, which outlines the identikit of the tax representative of foreign entities, but leaves the operating procedures to the Revenue.

In other cases, the provisions need unforeseen fine-tuning. For example, still in the area of cooperative compliance, the Mef decree of 29 April 2024 defined the code of conduct to be adhered to by adhering parties. On 3 October, however, another decree intervened to modify the text, which in practice exempted companies already adhering to the regime from the obligation to sign the code. This second decree, of course, was not 'in the budget'.

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