"NEWS of the September 15-the super depreciation follows the coefficients of D.M. the 1988 "
To discover whether a capital good falls within the scope of application of the guidelines on objective super depreciation still must refer to its expected depreciation rate by DM December 31, 1988 by verifying that it is not less than the threshold of 6.5%.
He clarified the resolution of the Inland Revenue # 74/and yesterday.
It recalls that article 91, paragraph 1, of law 212/2015 introduced a benefit to all companies and professionals which provides, for the purposes of income taxes and with reference only to the determination of amortization and leasing fees, an increase of 40% of the cost of acquisition of new tangible capital (cd. Super depreciation).
The benefit is temporary because, unless it is extended, be subsidized are investments made until next December 31.
Are excluded from the scope of application of the mark-up:
- physical assets instrumental for which the D.M. December 31, 1988 lays down depreciation coefficients 6.5% lower;
- buildings and constructions;
- some particular goods listed in annex 3 to the stability law number 2016.
The case is against a company in comment resolution object operator natural gas distribution activity, which apply for the purposes of tax depreciation of certain assets, the provisions of article 102 bis of the tax code entitled "depreciation of assets instrumental materials for the exercise of certain regulated activities".
Well, since tax rates identified by the standard of the tax code are different from those established by DM of 1988, the question of the moment was which of the two "sources" must take as a reference for comparison purposes with the threshold of 6.5%.
The Agency's response on this point is clear: to determine whether an asset is excluded from the scope of subsidy, you must refer to the coefficients of depreciation prescribed by Ministerial Decree and not to those determined in accordance with article 102 bis of the tax code.
Consistent with this approach, you also stated that the increase of 40%, where payable, shall be attached to the coefficients established by Ministerial Decree, not pointing out to this end, the coefficients referred to in article 102 bis.
Moreover, these principles also apply to the free goods to be relinquished under article 104 of the tax code, according to which the corresponding depreciation are determined "by dividing the cost of goods (…) for the number of years of duration of the concession (…) ".
Therefore, even for these goods, both for the purposes of the exclusion from the scope of subsidy that the use of the mark-up, you must refer to the coefficients of depreciation prescribed by Ministerial Decree.