Fisco

VAT numbers, amnesty for those who opt for an arrangement with creditors

Call for reopening of the special amnesty in the House Finance Committee's opinion on the amnesty. Asked the government to extend the amnesty to 2023 and apply it for the years 2025-2026

by Marco Mobili and Giovanni Parente

3' min read

3' min read

Parliament is again pressing the government to reopen the terms of the special amnesty for past years. The amnesty had been introduced last year to push for adherence to the two-year agreement in advance and which allowed only those Isa subjects who had accepted the two-year agreement with the tax authorities to close the accounts with the past, in particular with the tax years from 2018 to 2022, with payment of up to a maximum of €1,000 per annum to be paid by 31 March.

Sanatoria also for 2023

The idea, included among the comments with which the Finance Committee of the Chamber of Deputies gave the green light to the opinion (rapporteur Mariangela Matera of Fratelli d'Italia) corrective decree of the concordato, is precisely to provide, also for those who will enter into the arrangement with creditors for the two-year period 2025-2026, the possibility of being able to access the special amnesty for previous years and, at the same time, toextend the effects of the amnesty also to the tax year 2023. The latter request had already been made last year, but was then discarded by the government since the 2023 tax year was still open at the time of the submission of the application for the arrangement.

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Partite Iva, al via il concordato per il biennio 2025-2026: come aderire e a chi conviene

The calculation of the proposal

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For the two-year preventive agreement with the tax authorities, that of the special reprieve is not the only request for action formulated by the Chambers. Among the observations, which are intended to be accepted by the Mef, are at least three others. Firstly, the need to simplify the approval procedure of the methodology for the agreement proposal formulated by the Revenue. In this case, they write, the opinion of the Garante per la protezione dei dati personali must be requested only in cases where substantial changes are made to the calculation methodology that has already been positively assessed by the same guarantor. Basically, without any changes, the previous year's privacy ok applies.

Goodwill notices

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On a more practical and less procedural level, it would then be appropriate to provide that if the taxpayer regularises his position with the settlement of a reconciliation notice, making payment of the sums due within 60 days of the notice received by the offices, the same taxpayer does not forfeit his right to the two-year prior arrangement.

The deduction for new recruits

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The third change to be made to the new decree of the concordato, which will not be definitively approved in the Cdm until next week, concerns the possibility of being able to adjust the income agreed with the Inland Revenue Agency by also using the maxideduction of 120% (130% in the case of fragile new hires) for new hires. This possibility was denied last year with the first edition of the concordat precisely while the same budget manoeuvre for 2025, approved at the end of 2024, extended the maxideduction for the three-year period 2025-2027.

Health expenditure data

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However, the corrective decree of the tax reform does not only concern the two-year tax settlement. On the compliance front, for example, one of the demands of the MEPs concerns the data of the pre-filled declarations and in particular all the information on health expenses sent to the health card system: rather than entrusting the indication of a deadline to a ministerial decree, the Finance Committee calls for 31 January of each year to be indicated as the deadline for sending this data.

Successions and donations

It is then necessary to reconcile certain texts of the tax reform and, in particular, to remove 'regulatory misalignments' between the rules on registry tax, inheritance and gift tax, stamp duty and other indirect taxes other than VAT with the rules on sanctions and, above all, with those included in the consolidated text on administrative and criminal tax sanctions.

The Effectiveness of Criminal Acquittal in Tax Litigation

The Chamber also raises the issue of the effectiveness of criminal sentences in the tax trial of merit and legitimacy, after the jurisprudential debate following the rule inserted in Legislative Decree 87/2024: first with sentence 3800 of the Supreme Court of Cassation that delimited the boundaries to penalties only and then with the subsequent referral to the United Sections (order 5714). For the MEPs, in fact, it should be provided with a new ad hoc rule that the irrevocable acquittal because the fact does not exist or because the fact was not committed, pronounced against the same person and on the same facts subject to assessment in the tax trial, can be effective at any state and level;

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