The transferee will only be able to proceed with the collection of the sums, having to exclude both the further transfer of the acquired credit and the use in compensation via F24
The Revenue Agency, with resolution no. 73 of 29 December 2025, returns to the regulation of tax credits deriving from deferred tax assets (Deferred tax asset) providing new clarifications in the event that the credit is transferred to third parties. In summary, in partial correction of what was clarified by the previous practice (resolution no. 32 of 15 May 2025), the purchase of a credit requested for reimbursement excludes not only the possibility of further transfer but also that of use in compensation. The transferee will only be able to monetize the credit purchased, collecting the sums subject to reimbursement.
The clarifications follow some requests addressed to the Agency on the purchase, by third parties, of credits deriving from the transformation of DTAs (article 44-bis of Legislative Decree no. 34/2019), those credits that a company can account for in its balance sheet with the aim of reducing future taxes, and on the relative compensation or further transfer of the unused part.
The practice document traces the regulations on Dta credits, in particular paragraph 2 of article 44-bis of Legislative Decree no. 34/2019, according to which these credits can be used in compensation, transferred or requested for reimbursement. It is therefore possible to transfer the credits in question in accordance with the provisions of articles 43-bis (transfer of tax credits) and 43-ter (transfer of surpluses within the group) of Presidential Decree no. 602/1973.
In detail, towards subjects who do not belong to the same group, the credits can only be transferred if previously requested for reimbursement in the tax return (article 43-bis del DPR n. 602/1973).
With the resolution in question the Agency clarifies that the transferee, as indicated in article 43-bisparagraph 1, Presidential Decree no. 602/1972, cannot further transfer the purchased credit and cannot also use it as compensation via the F24 form.
In practice, the purchase of a credit requested for reimbursement excludes not only the possibility of further transfer but also that of use in compensation, so the transferee is only allowed to collect the sums.
Partially correcting the clarifications provided with resolution no. 32/2025, the Agency specifies that in any case the different behaviors adopted until the date of publication of today’s resolution remain valid.
