F24 compensations e scrapping and installment payments: direct impact on the verification of the limit of 100,000 euros.
From 1st July 2024 the innovation provided for by the Budget Law which inhibits the compensation of tax credits in the case of debts registered in the register and charges entrusted to the Revenue Collection Agency for amounts exceeding 100,000 euros is operational.
The presence of a installment plan in progress suspends the blocking of compensations, even in the case of installments not paid by the deadline in a number such as not to cause the forfeiture of the granted extension.
Same rules also in relation to debts included in the quater scrapping of foldersfor which it will be important to monitor the next payment deadline set for July 31st.
What rules apply in case of failure to pay the installments due? To provide the instructions in detail it is the Revenue Agency circular no. 16/E of 28 June.
Scrapping and installment payments, the impact on the new limits for F24 compensation
From 1st July 2024 the possibility of using tax credits as compensation is prohibited in the case of debts registered for an amount exceeding 100,000 euros.
The threshold includes the amounts relating to charges entrusted to the collection agent concerning state taxes and related accessoriesthose entrusted to the collection agent relating to documents issued by the Revenue Agency based on current regulations, including the sums subject to recovery actions.
This is one of the first aspects highlighted by the Revenue Agency with circular no. 16/E, specifying that the above amounts must be considered for the purposes of the 100,000 euro limit provided that the payment deadline has already expired of the debt, which are not in existence suspension measures or installment plans for which forfeiture has not occurred.
And it is on this last aspect that it is worth focusing, also in light of the specific rules regarding forfeiture both from the installment plans of the tax bills and on the front of the scrapping quater.
For folders for which a payment plan is in progress, the amounts regularly paid will therefore not count towards the threshold of 100,000 euros as well as unpaid installments which have not in any case led to the forfeiture of the plan granted by the Revenue Collection Agency.
To better identify the cases in which the suspension of the right to compensation does not apply, it is useful to dwell on one of the examples provided by the Revenue Agency.
In the event of installment payments of a role equal to 130,000 euros for taxes, penalties and interests, the failure to pay a number of installments not exceeding 7 will not be relevant for the purposes of verifying the threshold of 100,000 euros. In this case, in fact, the deferred payment plan granted by the Revenue Collection Agency non decade and consequently the possibility of using tax credits in compensation will remain free.
Se the threshold of 8 unpaid installments is reached or exceeded within the deadlines provided, even if not consecutive, the installment plan automatically lapses and the entire amount registered in the tax roll, net of the sums paid, becomes immediately collectible in a single solution.
Therefore, taking the example above again, if the residual amount of the role net of the amounts paid is equal to 110,000 euros, the blocking horizontal credit clearing via F24.
For those who fall under the fourth scrapping scheme, the F24 compensation ban applies in the event of debts exceeding 100,000 euros
Membership of scrapping quaterin the event of regular payment of the installments due in relation to debts for the period from 1 January 2000 to 30 June 2022, allows you to overcome the ban on compensation.
Then:
“The amount being defined does not contribute to reaching the threshold if all the installments have been paid within the terms set out in the installment plan”
In the event of forfeiture of quater scrapping due to omitted, insufficient or late payment of the instalments, the amount of the entire residual load (and therefore net of the sums already paid) is relevant for the purposes of verifying the threshold of 100,000 euros.
Also in this case, the circular of the Revenue Agency provides a useful example to better understand the impact of the expiry of the fourth scrapping on the front of the inhibition of compensations.
An individual business is responsible for:
- a role resulting from an automated control pursuant to article 36-bis of Presidential Decree no. 600 of 1973, the amount of which, equal to 15,000 euros, was not paid within the established deadlines;
- of roles for state taxes for a total amount of 120,000 euros, entrusted in the period 1 January 2000 – 30 June 2022, subject to a facilitated settlement of 90,000 euros, with payment in 18 instalments.
In case of regular payment of previous sums, the fifth installment of an amount equal to 4,500 euros must be paid by July 31st. The payment not made by the deadline of August 5th (considering the extra tolerance of 5 days), will lead to the loss of the benefits of quater scrapping and the AdER will provide for the recovery of the entire amount of the load entrusted to it, equal to 120,000 euros, net of the first four installments paid for the purposes of the definition .
The residual amount of the load entrusted to the collection agent, equal to 93,000 euros, will contribute to the reaching the threshold of 100,000 euros. Also considering the additional debt of 15,000 euros still outstanding, the compensation of credits in F24 will be inhibited having exceeded the limit mentioned above.
The reduction of debts due restores the right to compensation in F24
It is also interesting to dwell on the possibility of restoration of the right to compensation of accrued credits.
The prohibition on compensation ceases from the date on which the total amount of the charges entrusted to the collection agent and related accessories is reduced to an amount less than or equal to 100,000 euros, as a result of:
- of the judicial or administrative suspension of the entrusted loads;
- of the granting, by the collection agent, of an instalment plan aimed at extinguishing debts, for which the benefit of the instalment plan has not lapsed;
- of the payment of the sums due.
Pursuant to the provisions of paragraph 49-quinquies, article 37 of Legislative Decree no. 223/2006, as amended by article 4, paragraph 2, of Legislative Decree no. 39 of 2024, it is payment, even partial, is permittedof the sums entrusted for state taxes and related accessories through the use in compensation of credits relating to the same taxes.
The removal or reduction of up to 100,000 euros in the amount of the charges entrusted to the AdER may also be carried out using the credits relating to the same state taxes as compensationwith the exception of the recovery actions for non-due or non-existent credits used in whole or in part for compensation, for which the possibility of compensation is excluded.
Returning to the example given on the front of the forfeiture of the fourth scrapping, the taxpayer will be able to remove the block on the compensation of the accrued facilitative credits by paying the role in such a measure as to reduce the overall sum of loads entrusted to the collection agent for an amount equal to or lower than the threshold of 100,000 euros.
“Considering that the total amount of debts registered in the taxpayer’s register is equal to 108,000 euros, the full payment of the sum of 15,000 euros of the register, or the compensation of this sum with tax credits pursuant to article 31, paragraph 1, fourth sentence, of Legislative Decree 78 of 2010, reducing the overall amount of the loads to 93,000 euros, determines the removal of the ban and, consequently, the restoration of Tizio’s right to use the amount of the facilitation credits accrued in compensation with the debts not registered.”
This is what was reported by the Revenue Agency: one via to overcome the block on compensations in F24 by paying, even partially, the accrued debt.
