"NEWS April 19, 2016-2016 CAPITAL LOSSES and ONLY NEGATIVE DIFFERENCES"
A particular mandatory reporting/monitoring planned under the unique model SC, concerns losses and negative differences, which are dedicated two staves (RS142-RS143) RS framework.
In this regard, article 1, paragraph 4, D.L. 209/2002 provides that, with reference to losses of total exceeding 5 million arising from the disposal of investments that make up financial assets, the originator subject informs the IRS data to allow the verification of the compliance of the operation carried out with the antielusiva General.
Originally the norm foresaw the obligation of sending a special notice to the IRS, which has been replaced (press release 3.7.2013 and then from the model Only SC2014) by designation in the tax return and more precisely-in fact-under RS Unique model SC.
Similar discipline was planned for capital losses and negative differences referred to in article 109, paragraph 3-bis, Income in excess of 50 thousand euro, deriving from multiple operations on shares or other securities traded on regulated markets in Italy or abroad (article 5-quinquies, paragraph 3, D.L. 203/2005).
The difference between the two "monitors" concerns over that amount (5 million in one case, 50 thousand euros in the other), also the fact that in the first case the losses must relate to investments held between financial assets, in the second case you refer to losses and negative differences made in respect of investments classified everywhere (both assets that in current assets).
Is, then, must take care in compiling the declarative prospectus, since failure of the duty of disclosure, incur a disavowal of deductibility, article 11, paragraph 1 (is now punished, D.L. 16/2012) with a penalty equal to 10% of the amount not indicated, with a minimum of 5000 € and a maximum of 50000 euro, without prejudice to the possibility to benefit from the Institute of repentance industrious.
In particular, the staff shall be indicated, with reference to losses of RS142 total exceeding 5 million euros arising from the sale of equity investments which constitute financial investments made during the tax period covered by this statement:
- in column 1, the number of acts of disposal
- in column 2, the amount of capital losses realized, even after multiple acts of disposal.
In rigo RS143 shall be reported, with reference to losses and negative differences referred to in article 109, paragraph 3-bis, of the tax code by exceeding CHF 50 000 euros arising from transactions in shares or other securities traded, even after multiple operations on regulated markets in Italy or abroad, carried out during the tax period covered by the Declaration:
- in column 1, the number of acts of disposition regarding the transfer of shares;
- in column 2, the amount of capital losses and negative differences arising from the disposal of shares, even after multiple operations;
- in column 3, the number of acts of disposal relating to the sale of securities;
- in column 4, the amount of capital losses and negative differences arising from the sale of other securities, including following multiple operations;
- in column 5, the amount of dividends received in relation to securities sold in thirty-six months before the hammer price if the method routinely adopted in the budget for the handling and evaluation of its warehouse stocks does not involve storing for the purchases of securities in the portfolio.
