"NEWS of the June 15, 2016-minimum income deductible from benefits of comfortable"

Posted by on Jun 15, 2016

The shell company, either for failure to pass the test of operating revenues, and because in systemic loss, when ONE can benefit from certain facilitations and be simultaneously subject to the discipline of minimum income. More precisely, it is necessary to take into account in determining the taxable income of some tax benefits that can determine a reduction.

The ratio of what is described is due to the fact that the actual taxable income to be reported by the shell company is the higher of the following:

  • actual income;
  • minimum income calculated by applying the coefficients referred to the value of the assets of the tax period.

Therefore, because the tax breaks apply down actual taxable income, is it fair that they also bring down minimum income of companies in such a way as to make homogeneous the two benchmarks. Tax benefits relevant to this end for the tax year 2015 are as follows:

  • the ACE, which consists in the possibility of reducing taxes on 4.5% of the amount corresponding to the net financial gains made after December 31, 2010 for Ires, and 4.5% of net equity for income tax;
  • exempt income, income subject to withholding tax or tax that does not count toward the income (e.g., 95% of the capital gains exempt under article 87 of the tax code and 95% of dividends received by Ires in accordance with article 89 of the tax code);
  • the capital gains relating to the assignment of ben instrumentals, referred to in article 86 of the tax code, the subject of rescheduling in five tax periods as arising from assets held for at least three years. As stated in resolution No. 68/E/2013, even the minimum taxable income must take account of any deferral of capital gains under article 86 of the tax code, reducing your taxable income minimum of 4/5 of the capital gain in the year in which it is made, and increasing in speed of a 1/5 in the four subsequent tax periods.

For the fiscal year 2015, in addition to the aforementioned facilities also must be taken into account any depreciation of investments in physical assets instrumental super new acquired during the period from October 15, 2015 to December 31, 2015. The facility in question is used for the operating companies through a decrease under RF (under other changes decreased with code "50") equal to 40% of the depreciation quota or of future capital leasing fee deducted in fiscal year 2015. Similarly, the companies can take advantage of that facility indicating the amount payable in the Unique model RS124 rigo SC (for limited liability companies) down minimum taxable income indicated in the previous rigo RS123. The difference is then reflected in taxable income on which the company staff RS125 which corresponds the Ires.

by Sandro Cerato

DA-PROFESS