With the green light for the conversion law of PNRR decree n. 19/2024which arrived on April 23rd, the new ones become official tax credits for businesses foreseen by Transition Plan 5.0
Article 38 of the PNRR decree.
The resources allocated for the green and digital transition of businesses amount to 6.3 billion, facilitated by the Transition 5.0 plan which also aims to encourage energy saving.
The tax credit will be equal to 35 percent up to the threshold of 2.5 million investments but, in the event of a significant reduction in energy consumption, it could rise up to 40 or 45 percent.
These are some of the specific measures that the DL PNRR dedicated to businesses, in relation to the investments made in 2024 and 2025 as part of innovation projects and, in particular, for the tangible and intangible assets already included in the Transition Plan 4.0, with the news relating to the requirements of the energy saving.
Furthermore, Transition 5.0 will include investments aimed at promotingself-production of energy from renewable sources and those supported for the employee training.
Interested readers can sign up for free for the webinar organized by TeamSystem and Fiscal Information specifically on the subject of the Transition Plan 5.0: together we will analyze the main characteristics of the plan, the beneficiaries, the amounts obtainable as a benefit and the latest (and numerous) regulatory innovations in matter
Transition 5.0, tax credits for businesses: the beneficiaries, the eligible investments and the news in the PNRR Legislative Decree
The PNRR decree n. 19/2024 allocate 6.3 billion euroswhich are added to the 6.4 billion already foreseen by the 2024 Budget Law, for a total of approximately 13 billion in the two-year period 2024-2025 in favor of digital transition e green of Italian companies.
The beneficiaries will therefore be:
- the companies resident in Italy;
- the stable organizations in Italy of non-resident subjects that in 2024-2025 they implement new investments in production structures in Italy, with innovation projects that reduce energy consumption.
Eligible investments
Tax credits will be recognized for expenses incurred in relation to the new tangible and intangible assets referred to in the annexes A and B annexed to law 11 December 2016, n. 232as well as for the goods necessary forself-production of energy from renewable sources and expenses for training employees aimed at acquiring or consolidating skills in technologies for the digital and energy transition of production processes.
Without prejudice to the requirement of interconnection to the company production management system, and in compliance with the further objective of reduction in energy consumption of the production structure of at least 3 percent (5 percent exclusively for the processes affected by the investment), the tax credit due will be equal to that shown in the following table:
| Tax credit percentage | Concessionary investment rate |
|---|---|
| 35 percent of the cost | up to 2.5 million euros |
| 15 percent of the cost | between 2.5 and 10 million |
| 5 percent of the cost | between 10 and 50 million |
The ordinary rates of the Transition 5.0 tax credit are complemented by the increased percentages in case of superior energy savings to the threshold of 3 percent or 5 percent.
In particular, the bonus awarded to companies has increased:
- to the 40 percent, 20 percent and 10 percentin the case of a reduction in energy consumption of the production structure located in the national territory exceeding 6 percent or, alternatively, a reduction in energy consumption of the processes affected by the investment exceeding 10 percent;
- to the 45 percent, 25 percent and 15 percentin the case of a reduction in energy consumption of the production structure located in the national territory exceeding 10 percent or, alternatively, a reduction in energy consumption of the processes affected by the investment exceeding 15 percent.
- Transition Plan Decree 5.0: official text in pdf
- Law Decree number 19 of 2 March 2024 converted into law
Energy saving objective requirement necessary
At the center of the Transition 5.0 plan is therefore the energy savingwhich according to the provisions of the draft decree currently in circulation must be certified by independent evaluatorscalled to certify:
- ex ante, the reduction of energy consumption achievable through investments;
- ex post, the actual realization of the investments in accordance with the provisions of the ex ante certification and the successful interconnection of the assets to the company production management system or to the supply network
For small and medium-sized businesses, the expenses incurred for certification necessary for the purposes of benefiting from the tax credit may be calculated in increase of the tax credit for an amount not exceeding 10,000 eurosrespecting the general limits.
Transition 5.0, mandatory certification for the use of the tax credit
Among the details that emerge in relation to the use of the relief, the PNRR decree provides that access to the Transition 5.0 tax credits will be subject to the issuing of a specific certification by the person in charge of the statutory audit of the accounts.
The certification must ascertain the actual sustaining of the expenses documented by the invoices and their correspondence with the accounting documentation prepared by the company.
For companies not required by law to carry out a statutory audit of accounts, the certification is issued by a statutory auditor or by a statutory auditing company, registered in section A of the specific register and the cost incurred to comply will be recognized in increase in the tax credit for an amount not exceeding 5,000 euros.
The approval of the PNRR decree is in any case just the first step to start the Transition 5.0 planfor which the issuing of various implementing decrees by MIMIT and the MEF is expected, including that relating to the transmission of communications and certifications for access to the tax credit and the criteria for determining the energy savings achieved .
Precisely the delay in the conversion of the law has led ministerial bodies to not yet be able to publish the implementing provisions; an aspect that worries companies greatly, especially considering that the investments will be carried out between 2024 and 2025.
Transition 4.0 and 5.0 tax credits cannot be cumulated
The new tax credit for business investments it cannot be cumulated, for the same costs, with the Transition 4.0 bonus already in force.
Can also be combined with the tax credit for investments in the single SEZ, while on the contrary it will be possible to add the relief recognized with other incentives recognized for the same costs, provided that the total sums due do not exceed the cost incurred.
