"NEWS May 27, 2016 facilities: Super car only 20% deductible depreciation"

Posted by on May 27, 2016

The increase of 40 percent of the cost of acquisition, which entitles you to deduct dall'irpef/Ires the super depreciation, also applies to motor vehicles but limited to vehicles for which the deduction is limited to 20%, 80% high for agents or sales representatives.

Is one of the clarifications contained in the circular of the revenue n. 23/and yesterday bearing indications concerning the procedure for the application of the discipline of super depreciation.

The facility is designed to boost investment in new capital assets through increased percentage of asset cost fiscally recognized them, so that, for the purposes of determining the Ires and income tax (Irap), the inclusion in the tax period of depreciation and financial leases.

It may benefit all owners of business income, regardless of the legal nature, from company size and the economic sector in which they operate. Are accepted both entities established on the territory of which the permanent establishments in the territory of the State by non-residents.

The provision in question also applies to taxpayers who perform self-employment activities, even if carried out in a partnership, in accordance with article 53, paragraph 1, of the tax code.

However, in the case of companies conducted for rent or usufruct, the increase, if it has not been provided formal derogation provisions of article 2561 of the civil code, concerning the obligation to conserve the efficiency of goods, only the tenant or tenant for life, as the person who, in accordance with article 102, paragraph 8, of the tax code, calculates and deducts depreciation.

Otherwise, if the parties, derogation Article 2561 of the civil code, are expected to be the principal subject member of the calculation of depreciation, the increase will be only to the latter.

Another case concerns the hypothesis of assets loan for use to third parties. In these circumstances, the lender can qualify for the bonus, but on condition that the goods are instrumental and inherent in its activities. In fact, only in compliance with these requirements, is a legitimate deduction of related amortization (cf. resolution No. 196/E/2008). In particular, about the circular stipulates that the goods must be used by the borrower under an activity closely related to the need for production of the lender and they must relinquish their usefulness even to the company owner/lender.

It should also be noted that the increase of 40 percent from October 15, 2015 investments competes for the December 31, 2016. In this regard, in order to verify the eligibility of benefit, the allocation of investments to the period of validity of subsidy follows the rules of jurisdiction laid down in article 109, paragraph 1 and 2, of the tax code. Therefore, movable property, in General, the date of delivery or shipment.

The circular points out that the rule also applies to subjects trades and professions.

In case of purchase of leased assets, to verify the eligibility of subsidy, detects when the good is delivered, i.e. when it enters in the availability of the lessee.

The Agency recalled that the moment of execution of investments should not be confused, however, with the moment from which you can enjoy the benefit. The latter runs only from the exercise of coming into operation of the asset.

Among the perplexities of the discipline there were some related to vehicles. In particular, a part of the doctrine tended to the applicability of the super cars also share granted to employees for most of the tax period.

On this issue, the circular is clear when considering falling within the facility exclusively the vehicles referred to in point b) of paragraph 1 of article 164 of the tax code, for which there is a limited deductibility of costs – 20%, 80% for high agents or sales representatives-and a maximum limit to the relevance of the cost of acquisition, as follows:

  • Euro 18,075.99 for passenger cars and motor homes (the limit for passenger vehicles is high at euro 25,822.84 for motor vehicles used by agents or commercial agents);
  • Euro 4,131.66 for motorcycles;
  • 2,065.83 euro for mopeds;
  • the amount of the royalties in proportion corresponding to the cost of such vehicles which exceeds these limits, if such goods are used under finance lease.

Another issue debated concerned the calculation mechanism of the super car share. Through examples, the Agency points out that the depreciation deductible should be determined:

  1. First, by calculating the depreciation charge ordinarily deductible in the absence then of subsidy;
  2. then, by calculating the super fee taking into account the increase but the maximum relevance of the acquisition cost.

In this respect, the explicit circular cost limits of relevance that, due to the increase of 40%, are increased up to:

  • Euro 25,306.39 for passenger cars and motor homes (the limit for passenger vehicles is high at euro 36,151.98 for motor vehicles used by agents or commercial agents);
  • Euro 5,784.32 for motorcycles;
  • Euro 2,892.16 for mopeds.

Alessandro Bonuzzi