"NEWS November 8, 2016-the main new features of the next stability law at a glance"

Posted by on Nov 8, 2016


Euroconference News

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With interviews with the Director of the revenue yesterday Joined Parliament's budget committees were examining the novelty of a fiscal nature which are contained in the drawing of the next stability law.

The stated aim of the maneuver is to strengthen the economic competitiveness of the country through a series of changes essentially aimed at reducing tax on withdrawal – above all – business income. They are, however, also facilitating measures that pertain to the individual who operates outside of the economic-entrepreneurial sphere, then the private consumer.

The following table summarizes the salient features of the most relevant.

Tax credit where R&d funding creates The facility is made more palatable and accessible:

  • both in terms of size and timing. In fact, on the one hand, the tax credit is recognized to the extent of 50% of the costs incurred in excess of the average of r & d investments made in the three tax periods prior to the current year to December 31, 2015 ("incremental costs"), and, on the other hand, is a one-year extension (up to the current period to December 31, 2020);
  • both in terms of persons admitted. Are favored the research and development carried out by companies operating within the national territory under contract by clientele with entities established or located in other Eu Member States, the EEA agreement which is included in the list referred to in the Decree of the Minister of finance September 4, 1996.


In addition, it should be pointed out that:

  • It confirmed the admission to the tax credit of fees related to the staff employed in research and development, is highly skilled and technical;
  • all incremental costs eligible for tax credit be subsidized are the extent of 50%;
  • was increased the limit within which may lie with the tax benefit from 5 to 20 million.

This is an optional tax – which will be inserted in the new article 55 bis of the tax code – for sole proprietors and partnerships in ordinary accounts that has the following characteristics:

  • enterprise income tax shall be imposed on separate with anticipated Ires rate the extent of 24% as from 2017; Therefore, it does not contribute to the formation of the total income of the entrepreneur (or partner) for income tax purposes. The tax remains the responsibility of the company/undertaking;
  • progressive taxation income tax is made only at the time of the levy of business income. Misses and then apply the imputation for transparency in incomes in shareholders;
  • the tax base IRI is calculated by applying the ordinary rules for determining the income of enterprise, bringing in deduction the sums levied by the entrepreneur or family collaborators or members. The amount of net income and retained earnings constitutes the maximum possible withdrawals;
  • Therefore, tax levies become significant both for the company – which infers them – both for the social entrepreneur – income tax-tax with them;
  • in IRI regime constancy losses may be carried forward indefinitely or deduction;
  • the scheme is available to all persons engaged in enterprise income tax regardless of any dimensional parameter, so even by persons who, by nature, are allowed under the simplified accounting or minor schemes for taxpayers. In these latter cases, however, the scheme is only applicable if the subjects are accounting for option;
  • the option to enable IRI has a duration of five tax years and is renewable. The choice is made in the tax return and has effect from the tax period which was referred to the Declaration;
  • the sums collected by the contractor or partner from reserves consist of already taxed earnings to transparency are fiscally irrelevant. By implication, are deemed distributed before the reserves formed before joining the IRI;
  • may opt for the new regime also Manager in eligible for opt for little transparency.
Cash for taxpayers in simplified scheme

Is introduced, for sole proprietors and partnerships under the simplified accounts, a system of income (income tax) and the net production value (Irap) based on a cash basis, replacing the criterion of competence.

Super amortization The facility is:

  • extended. Will be possible to use the super depreciation of assets instrumental materials purchased by taxpayers affected by new December 31, 2017, or until June 30, 2018 provided that by December 31, 2017 the order is accepted by the seller and paid for deposits of at least 20%; the extension does not apply to vehicles and means of transport, except for those used exclusively as capital goods in the activity of the enterprise;
  • strengthened. It introduced a new discipline named "hyper amortization" concerning material assets purchased during the same period new instrumental above, which are necessary for the technological transformation and/or digital in key Industry 4.0; high tech goods, interconnected and connected to the internet, for which the increase is recognised in ' enhanced ' measure of 150% of the cost of acquisition.
Deductions for real estate The facilities for energy saving service charges and aseismatic are extended until December 31, 2021. The widest extension period is also planned for the jobs compared to those monthly charges but not for jobs that involve individual units that are extended by one year.

The extent of the deduction of the interventions aimed at energy saving is confirmed at 65% for upgrading the energy efficiency of individual condominium units and parts, while for operations carried out on the common parts which carry a more significant percentage of energy saving expense deductible is high:

  • to 70% in the case of operations involving the building envelope;
  • to 75% in the case of interventions aimed at improving energy performance in winter and summer and that meet certain standards identified according to D.M. June 26, 2015 and certified by licensed professionals through cd. Bee.

The extent of the deduction for seismic interventions on areas is confirmed at 65% (36%) instead of the ordinary. In addition, the bonus percentage has risen to the most significant ones:

  • at 70%, if the operation leads to a reduction of seismic risk that determines the shift to a lower risk class;
  • at 80%, if the intervention comes the passage to two classes of risk.

Finally, it provided for the transfer, in the form of a tax credit, deduction due to the energy upgrading and antiseismic consolidation. Affected taxpayers are those who own income excluded from taxation income tax purposes or by express provision or because the gross tax is absorbed by the deductions under article 13 Tuir.

Performance bonuses and corporate welfare

Companies that increase their productivity can deliver performance bonuses subject to substitute tax of 10% instead of the ordinary progressive taxation.

By 2017 will enjoy this facility workers in the private sector who have an income of employees not exceeding 80,000 euros, and no more than 50,000. In addition, the amount of aid must be high productivity Award from 2,000 to 3,000 euros or, in the case of joint involvement of employees in the Organization, from 2,500 to 4,000 euros.

It is also possible to include in the range of benefits that the employee can demand in lieu of the Prize also the use of company cars, leasing of buildings and the granting of loans at subsidized rates, within the limits ordinarily provided for exclusion of those utility from employment income.

Scheme for persons who move to Italy

The option for the regime does not apply the regime of taxation on worldwide income and therefore not subject to ordinary taxation foreign income, but only the income in our country.

For foreign income a income tax substitute tax of euro 100,000, reduced to € 25,000 for each family member who transfers residence in Italy and has the same option.

The option can be revoked and ceases to have effect anyway after 15 years from the first tax period of validity. The effects of partial payment if omitted or cease of substitute tax. The withdrawal or forfeiture regime preclude the exercise a new option.

It is also a benefit for the purposes of indirect taxation: open successions and donations tax periods of validity of the option exercised by the predecessor, inheritance and gift tax is due only to goods and rights existing in Italy at the time of succession or donation.

Alessandro Bonuzzi