Payments resulting from tax, IRAP and VAT returns by next year August 30th with the increase of 0.4%, but not only: the Council of Ministers on 20 June last launched a substantial package of regulatory interventions which range from the awaited extension of payments to the entry into force of the new Consolidated Laws, passing through various and significant changes to the rules of the biennial composition with creditors.
Proceeding in order, the most awaited intervention was probably the one which, putting an end to the interpretative doubts that have arisen in recent months, explicitly introduces the possibilityfor ISA subjects and minimum taxpayers (i.e. in the advantageous and flat-rate regime), to make the payments deriving from the tax, IRAP and VAT returns by 30 August, applying the 0.4% increase.
The art. 37 of the Legislative Decree. 13/2024 has in fact deferred the deadlines for making payments to 31 July 2024, without any increase, in expiration on 30 June 2024, which result from the aforementioned declarations in favor of taxpayers interested in the application of the synthetic indices of fiscal reliability (ISA), including those adhering to the flat rate regime (L. 190/2014) or advantageous regime (DL 98/2011) .
The provision in question limited itself to indicating July 31st as the payment deadline, without providing anything regarding the possible possibility of further deferring compliance to the following 30 days, applying the 0.4% increase; However, the doubts in this regard have been resolved favorable to taxpayers.
In particular, according to what appears from the draft Legislative Decree. corrective circulated after approval by the Council of Ministers, for those who can benefit from the extension, the payments of the 2023 balance and the first 2024 advance payment can be made:
– by 31 July 2024, without any increase;
– by 30 August 2024, with an increase of 0.4%.
The longer term also allows you to gain time to evaluate the possibility membership to the biennial preventive agreement, taking into account the fact that the regulations on the matter cannot currently be considered complete, due to the new provisions contained in the draft Legislative Decree. corrective approved by the Council of Ministers, which will now have to be examined by the competent parliamentary commissions.
The regulatory intervention is far-reaching and aims, on the one hand, to resolve some critical issues that emerged during the first analysis of the new institute and, on the other hand, to make membership of the concordat more attractive; For example, both the mini-extension of the deadline for submitting the declarations, which is postponed from 15 October 2024 to 31 October 2024, and the new method for calculating the 2024 advance payments, structured in such a way as to make less sensitive the impact of the tax increases that could occur as a result of the biennial composition with creditors.
The Legislative Decree. corrective should also introduce both new causes of exclusion/termination from the agreement, and new criteria for determining income from self-employment or relevant business.
The announced innovations, which arrive less than a week after the publication of the Ministerial Decree of 14 June 2024 and of the software for compiling the ISA forms, will therefore influence both the possibility of adhering to the agreement or not, and the methods of identifying the income to be indicated, a care of the taxpayer, in part P of the ISA models; consequently, although it is currently possible to calculate and accept the income proposed by the Revenue Agency, it is advisable wait for the definitive entry into force of the Legislative Decree. corrective, so as not to run the risk of having to correct any declarations already submitted.
The Legislative Decree. corrective also intervenes on some issues that do not concern the biennial preventive agreement and which fall within the other Legislative Decree. implementing the tax reform referred to in Law 111/2023; in particular, news is coming regarding the institution of collaborative compliance, modified by the Legislative Decree. 221/2023, which will come enhanced with new incentives for membership.
Single texts by 31 December 2025
The Council of Ministers also approved a bill. to amend the enabling law of tax reformin order to postpone to 31 December 2025 the terms for the approval (and relative entry into force) of the new unique texts in tax matters, currently set for 29 August 2024; the extension is necessary taking into account the fact that the possibility that this deadline will be respected is not considered realistic (the consolidated texts, after the closure of the public consultation phase, to date still have to be examined by the Council of Ministers, in view of the final approval).
