"August 2, 2016 NEWS-Norm of behaviour 196: integrative in favour of the taxable person"

Posted by on Aug 2, 2016

According to the standard of conduct of the Italian Association of Chartered Accountants 196 July 19, 2016, the taxpayer has the ability to integrate in its favor last statement amendable, in order to restate (and recover if already paid) taxes previously declared excess, or to assert a greater tax loss or tax credit.

All in accordance with the principle of ability to pay, as set out in article 53 of the Constitution.

The tax returns are statements about science and so can be freely amended and reprocessed by the taxpayer in its favor.

With a distinction.

If error correction is performed by submitting a supplementary statement within the deadline for submission for the next tax period (c.d. supplementary statement for former article 2, paragraph 8 bis, DPR 322/1998), any resulting credit can be used in compensation in the F24 form under article 17 d. Lgs. 241/1997 or you can submit a request for refund of the tax paid by the procedure laid down in article 38 DPR 602/1973.

After the deadline set by article 2, paragraph 8 bis, DPR 322/1998, it is still possible to amend the Declaration and offset the tax, using the procedure governed by the operational guidelines laid down in the circular 31/E/2013 and filling in the appropriate sections of the framework provided for by the tax return RS models exclusively for the correction of accounting errors that have led to violations of the principle of home business income.

The procedures governed by circular allow to avoid double taxation in cases where the error has incurred in a period no longer amendable with supplementary statement on behalf for deadline.

In that case the taxpayer can remedied by recalculating the taxes for all annuities that were affected by the error and introduced the supplementary statement only with reference to the last annuity amendable.

It is important to point out that this will lengthen the time of assessment: limited to the object of integration the tax authorities may exercise its power of assessment for a further period of time corresponding to the period which elapsed between his mistake and integration (starting from the year of submission of the supplementary statement).

The principle of ability to pay brings the Italian Association of professional accountants to consider also the usability, from a subjective point of view, the procedure referred to the circular 31/E/2013, not only with respect to taxpayers who prepare accounting records and the financial statements, and therefore may result in a breach of the principle of jurisdiction, but also for all categories of income of the taxpayer When the same err in any declarative error I've raised against economic harm, actual or potential, regardless of the type of income declared.

As indicated in standard of behaviour, the procedure can be used for example in the following cases:

  • in the event that the written statement by a self-employed person is entered a positive component subject to taxation in accordance with the principle of competence instead of cash accounting;
  • in the event that the holder of a secured income has not applied correctly the reductions for the historical properties ex 1089/1939;
  • in the case that has been subject to taxation under the category of miscellaneous income, a capital gain that should not, however, pay taxation or had to serve their criminal sentence to a lesser extent;
  • in the event that the taxpayer has not indicated in the original statement the eligibility of expenses deductible under article 10 or deductible under article 15 income tax code.

Also worth noting that, in cases where the supplementary statement does not lead to the emergence of a credit but highlighting a greater loss, the taxpayer will be able to apply the ordinary provisions of the income tax code to carry the same theme.

by Bruce Ferreira