Recently, the Revenue Agency and the Financial Police have announced an extraordinary control plan aimed at intensifying checks regarding the membership and management practices of the biennial composition with creditors by companies.
This initiative was motivated by the discovery of significant inconsistencies in the data collectedpushing the administration to use advanced technologies, such as artificial intelligence, to intensify checks.
How the Extraordinary Control Plan works
The plan announced by the Revenue Agency and the Financial Police aims to identify any inconsistencies significant in the adhesions and management of the biennial composition with creditors by companies. This may include irregularities in documents submitted, discrepancies in financial data, or other practices that may indicate improper use of the arrangement.
We remind you that the biennial composition with creditors is a legal instrument provided for by Italian legislation which allows companies in financial difficulty to Negotiate an agreement with creditors to restructure your debts and ensure operational continuity without immediately having to resort to bankruptcy proceedings. The extraordinary plan therefore represents a significant step towards greater transparency and compliance in this context.
Therefore, to put the controls into practice the use of advanced technologies is envisaged, such as artificial intelligence and other digital tools, to analyze large volumes of data in real time. These tools allow authorities to identify irregular patterns and anomalous behavior that could be signs of possible tax evasion or abuse of the system.
The plan’s approach does not simply react to already known reports or cases, but seeks to anticipate possible violations through proactive and targeted controls. This means that the authorities are able to intervene before situations of non-compliance can degenerate into more serious problems for the public and fiscal interest. Furthermore, constant monitoring of the practices adopted by companies is envisaged during the entire period of validity of the two-year composition with creditors. The objective is to ensure that the established conditions are respected and that there are no significant variations that could compromise the integrity of the process.
For this reason, tax authorities will work closely with other agencies and institutions to share information and improve the effectiveness of controls, to try to ensure a coordinated and timely response to potential violations.
Who takes risks
Companies and entrepreneurs who join or have joined the biennial preventive agreement must comply with rigorous regulatory criteria. Any deviation from these requirements can be interpreted as non-compliance, exposing the company to the risk of tax and criminal sanctions. This includes the possibility of being excluded from the benefits of the agreement itself or of having the advantageous conditions previously granted revoked.
The incorrect or fraudulent practices in the context of the two-year composition with creditors they can be interpreted as attempts at tax evasion. As a result, companies found in violation of regulations may be subject to financial and criminal penalties. These sanctions may vary depending on the severity of the irregularities and the intent possibly demonstrated.
In serious cases of non-compliance, the authorities can even proceed to exclude the benefit of the biennial preventive agreement or its revocation. This can have significant consequences on the company’s finances and business continuity.
In general, but especially in this context, regulatory compliance and financial transparency become fundamental elements for mitigate risks arising from tax controls intensified and to guarantee the operational continuity of companies in compliance with the laws.
