Transition 5.0, stop cloud and five communications for enterprises

The exclusion of cloud-based software and a further mandatory communication for companies, the fifth. With these two last-minute novelties, the implementing decree of the new Transition 5.0 plan, which facilitates investments made between 1 January 2026 and 30 September 2028 with the hyper-amortisation, finally finds its final form.

The measure was signed on Monday, 4 May by the Minister for Enterprise and Made-in-Italy (MIM), Adolfo Urso, and will be signed by the Minister for the Economy (MEF), Giancarlo Giorgetti, immediately after the stamping by the Ragioneria. According to ministerial forecasts, the subsequent steps - examination by the Court of Auditors, a director's decree setting the opening of the application deadlines, and the launch of the Gse (Gestore dei Servizi Energetici - Energy Services Manager) telematic platform - should take about a month, so the green light for reservations should arrive within the first 10 days of June.

Certainly the decree is coming in considerably later than planned, and the climate of uncertainty has so far led many companies to block investments. The technical discussion between the two ministries has been more complex than expected, with a series of corrections requested in recent weeks by the Mef. Mimit's go-ahead for the last two changes, which are in any case worse than the initial drafts from the companies' point of view, testifies to the fact that the priority had now become to conclude the consultation in order not to prolong the stalemate on investments.

To sum up, the inclusion of cloud-based software solutions, which are provided in as-a-service mode, i.e. through subscription fees, and as such are not subject to traditional amortisation, is not included among the capital goods eligible for relief. One of the previous drafts, with reference to intangible assets, contemplated this possibility, providing that the benefit was 'also calculated with respect to the costs incurred by way of access fees', limited to the portion of the fee pertaining to the individual tax period. The extension, which MIMM intended to introduce on the basis of an extensive interpretation already adopted with the old plan, did not, however, receive the placet of the Economy.

The exclusion is considered by companies active in the sector as a very strict limitation, considering that as-a-service systems delivered via the cloud are now the predominant way in which companies adopt digital software and services, accounting for 80% of the market (Anitec-Assinform estimates). In fact, a large part of companies' expenditure on intangible assets will be out of play. And the attractiveness of the plan will thus be concentrated mainly on traditional tangible capital goods, also considering the fact that for photovoltaic modules aimed at self-production of energy, the reference to specific sections of the Enea register has in fact limited the choice to products at the high end of the price range.