DECRETO RILANCIO

IRAP – PAYMENT EXEMPTION
Art. 24

The decree provides that companies with a turnover not exceeding 250 million euros and self-employed workers with a corresponding volume of compensation, in the tax period preceding the one in which the decree came into force, are not required to pay the following:

• of the IRAP balance due for 2019;
• of the first installment, equal to 40 percent, of the IRAP advance payment due for 2020.

– the obligation to pay advance payments for the 2019 tax period remains in place;
– the advance payment for 2020 is excluded from the calculation of the final tax due for the same tax period.

The application of the rule is excluded for banks and other financial institutions and companies, as well as for insurance companies, administrations and public bodies.

NON-REFUNDABLE CONTRIBUTIONS
Art. 25

The decree provides for the granting of tax-exempt non-repayable grants.

Eligible entities
: Individuals with business, self-employed, and agricultural income and VAT registration numbers.

Excluded subjects The following
cannot benefit from the contribution:

• entities whose activity has ceased on the date of submission of the application;
• the public bodies referred to in art. 74  of the TUIR;
• financial intermediaries and holding companies referred to in art. 162-bis  s  of the TUIR;
• those entitled to receive the benefits provided for by  Articles 27  and  38  of Legislative Decree no. 18 of 2020, converted, with amendments, by Law no. 27 of 2020;
• employed workers and professionals registered with private pension funds pursuant to  legislative decrees no. 509 of 30 June 1994  and  no. 103 of 10 February 1996 .

Conditions
The contribution is exclusively for:

• to holders of agricultural income pursuant to art. 32  of the Consolidated Law on Income Tax;
• to individuals with an amount of compensation referred to in Article 54, paragraph 1 , of the Consolidated Income Tax Code or an amount of revenue referred to in Article 85, paragraph 1 , letters a) and b), of the Consolidated Income Tax Code, relating to the 2019 tax period, not exceeding 5 million euros;
• if the amount of turnover and fees for April 2020 is less than 2/3 of the amount of turnover and fees for April 2019.

The contribution is also available even in the absence of a drop in turnover/fees for entities that began operating on or after January 1, 2019, as well as for entities that, as of the onset of the disaster, have their tax domicile or operational headquarters in the municipalities affected by the aforementioned events and whose states of emergency were still in effect at the date of the declaration of the Covid-19 state of emergency.

Categories of subjects

The application
must be submitted electronically to the Revenue Agency (including through an authorized intermediary) within 60 days of initiating the online submission process. The application must also include a self-certification that the applicant is not subject to any of the impediments set forth in Article 67 of Legislative Decree No. 159 of September 6, 2011.

Implementation of the law
is entrusted to a specific directorial provision.

STRENGTHENING OF SME CAPITAL
Art. 26

The decree contains measures aimed at strengthening the capital of SMEs. It provides that cash contributions made to increase the share capital of joint-stock companies (SPAs), limited liability companies (SRLs), limited liability companies (including simplified joint-stock companies), and cooperatives that do not operate in the banking, financial, or insurance sectors and have their registered office in Italy are eligible for a 20 percent tax credit.
The maximum investment for the cash contribution on which the tax credit can be calculated cannot exceed €2 million.

To this end, the companies must possess certain requirements prescribed by the law, including (by way of example):

1. revenues, pursuant to art. 85, paragraph 1 , letters a) and b), Tuir, relating to the 2019 tax period, generally exceeding 5 million euros;

2. a reduction in revenues due to the Covid-19 emergency in the months of March and April 2020 compared to the same period of the previous year of no less than 33 percent;

3. having carried out a fully paid-up capital increase by December 31, 2020 (provided this occurs after the entry into force of the decree-law in question).

The company benefiting from the transfer is entitled to a tax credit equal to 50 percent of losses exceeding 10 percent of its net assets, gross of such losses, up to 30 percent of the capital increase.

FUEL DISTRIBUTION – INCENTIVES

Art. 40

Micro, small, and medium-sized enterprises based in Italy that operate motorway fuel distribution services and that were active and up-to-date with their social security and welfare contributions as of March 1, 2020, may be granted a contribution, up to a total limit of €4 million for 2020, commensurate with their social security and welfare contributions, excluding mandatory accident insurance premiums paid by employers, due on employee wages paid in March, April, and May 2020. 

This contribution cannot be recognized in cases of direct management of motorway fuel distribution stations by oil companies integrated into refining and the unitary management of oil and catering activities.

An implementing measure will follow. 

SUPER-AMORTIZATION – TERMS

Art. 50

For the purposes of super-depreciation, the deadline for delivering new capital goods to which the increase will be applied has been extended from June 30, 2020 to December 31, 2020 (the deadline is set out in art. 1  of Legislative Decree no. 34 of April 30, 2019, converted with amendments by  Law no. 58 of June 28, 2019 ).

ANAC CONTRIBUTIONS – EXEMPTION

Art. 65

For all tender procedures initiated from the date of entry into force of the “Relaunch” decree until 31 December 2020, contracting authorities and economic operators are exempt from paying the contributions to ANAC pursuant to art. 1, paragraph 65 , of Law no. 266 of 23 December 2005 (2006 Budget Law).

BONUS 600 EURO – APRIL
Art. 84

The extension to April 2020 of the 600 euro allowance provided for by  Articles 27  ,  28  and  29  of the “Cura Italia” decree ( Legislative Decree 17 March 2020, n. 18 , converted with amendments by  Law 24 April 2020, n. 27 ) is expected.

PROFESSIONALS – ALLOWANCE 1,000 EURO
Art. 84

The decree recognizes an allowance of 1,000 euros for the month of May 2020 for self-employed professionals:

• holders of an active VAT number on the date the provision comes into force;
• registered with the separate management referred to in art. 2, paragraph 26 , of law no. 335 of 8 August 1995;
• non-pension holders and non-members of other mandatory social security schemes;
• who have suffered a proven reduction of at least 33 percent of their income in the second quarter of 2020, compared to their income in the second quarter of 2019.

Cash principle
For this purpose, according to the cash principle, the difference between the revenues and fees received and the expenses actually incurred in the period concerned and in the exercise of the business, including any depreciation quotas, is relevant.

Procedure

• Professional: submits an application to INPS, self-certifying that they meet the required requirements.
• INPS: communicates the identifying information of the individuals who submitted the self-certification to the Revenue Agency.
• Revenue Agency: communicates the results of the checks carried out to verify income requirements to INPS.

CO.CO.CO. – ALLOWANCE 1,000 EURO
Art. 84

Workers holding co.co.co. contracts, registered with the Separate Management referred to in Article 2, paragraph 26 , of Law No. 335/1995, who are not entitled to a pension and not enrolled in other mandatory social security schemes, who have terminated their employment relationship on the date of entry into force of the decree in question, are entitled to an allowance of €1,000 for the month of May 2020.

PROFESSIONALS – ALLOWANCES – DEADLINES for REQUESTS

Art. 84

With reference to the compensation provided for by Articles  27  ,  28  ,  29  ,  30  , and  38  of the “Cura Italia” decree (Legislative Decree no. 18/2020, converted with amendments by Law no. 27/2020) and relating to the month of March, the application must be submitted by June 3, 2020 (i.e., within 15 days of the entry into force of the Legislative Decree in question).

After this period, the right will lapse.

PROFESSIONALS – PRIVATE PENSION FUNDS – ALLOWANCES
Art. 78

For the purposes of recognizing the €600 benefit, pursuant to Article 44,  paragraph 2  of Legislative Decree No. 18/2020, for the months of April and May 2020, and recognized for the month of March 2020 for income support for professionals enrolled in private law mandatory social security institutions pursuant to Legislative Decrees No. 509 of June 30, 1994, and No. 103 of February 10, 1996, the beneficiaries of the benefit, at the date of submission of the application, must not be:

• holders of a permanent employment contract;
• pension holders.

At the same time, Article 34  of Legislative Decree no. 23/2020 was repealed .

PROFESSIONAL BONUS – CUMULATION with the DISABILITY BENEFIT
Art. 75

It is expected that the benefits referred to in Articles  27  ,  28  ,  29  ,  30  ,  38 ,  and  44  of Legislative Decree no. 18/2020 are cumulative with the ordinary disability allowance referred to in Law no. 222 of 12 June 1984.

The allowances provided for by the law also include the 600 euro bonus granted to professionals and workers holding coordinated and continuous collaboration contracts ( art. 27  ), as well as to self-employed workers registered with the special management of the Ago ( art. 28  ).

SPORTS WORKERS
Art. 98

Interested parties
: An allowance of €600 is recognized for workers employed under collaborative contracts with CONI, the Italian Paralympic Committee (CIP), national sports federations, associated sports disciplines, sports promotion bodies recognized by CONI and the Italian Paralympic Committee (CIP), and amateur sports clubs and associations, pursuant to Article 67, paragraph 1 , letter m), of the Consolidated Law on Income Tax (TUIR), already active as of February 23, 2020.

Excluded subjects
Recipients of other income from work, citizen’s income, emergency income and benefits referred to in articles  19 ,  20 ,  21 ,  22 ,  27 ,  28 ,  29 ,  30 ,  38  and  44  of Legislative Decree 17 March 2020, no. 18, cannot benefit from it.

Allowance: tax treatment
Does not contribute to the formation of income.

Bonus eligibility period:
Months of April and May 2020.

Provider
Sport e Salute SpA

Application
must be submitted to Sport e Salute spa, accompanied by a self-certification of the pre-existing collaboration relationship and the non-receipt of other income from work, citizenship income, and the above-mentioned benefits.

Beneficiaries of the allowance pursuant to art. 96 of Legislative Decree 18/2020 (“Cura Italia”) for the month of March 
. The allowance provided for by this decree is also paid, without the need for a further application, for the months of April and May 2020.

Implementation of the measure
is entrusted to a specific ministerial decree.

Employees enrolled in the Professional Sports Pension Fund with a gross annual salary of no more than €50,000
are eligible for the wage supplementation benefit referred to in Article 22  of Legislative Decree 18/2020 for a maximum period of 9 weeks.

VAT and EXCISE RATES – SAFEGUARD CLAUSES
Art. 123

The repeal of Article 1  , paragraph 718, of Law No. 190 of December 23, 2014 (2015 Stability Law) and Article 1  , paragraph 2, of Law No. 145 of December 30, 2018 (2019 Budget Law) is planned.
Consequently, the so-called “safeguard clauses” are permanently “sterilized,” eliminating the increase in VAT and excise rates, otherwise foreseen from January 1, 2021.

EXCISE DUTY – DELAYS
Art. 131

With regard to the excise duty due on energy products released for consumption in March 2020, there are no penalties or late payment penalties provided that the payment was made by May 25, 2020 (rather than by the April 16 deadline).

Regulatory reference
Art. 3, paragraph 4 , Legislative Decree 26 October 1995, n. 504.

ECOBONUS and SISMABONUS
Art. 119

Ecobonus

The tax deduction referred to in Article 14  of Legislative Decree No. 63/2013, applicable for specific interventions in the areas of energy efficiency, seismic risk reduction, photovoltaic system installation, and electric vehicle charging stations, has been increased to 110% for expenses incurred between July 1, 2020, and December 31, 2021. The deduction can be used in five equal installments. 

The same tax deduction rate also applies to all other energy efficiency interventions indicated in the aforementioned  art. 14  of Legislative Decree no. 63/2013, within the spending limits set for each energy efficiency intervention provided for by current legislation and provided that they are carried out together with at least one of the interventions previously indicated by the law.

To qualify for the tax deduction, the interventions must comply with the minimum requirements set forth in the decrees referred to in paragraph 3 -ter of Article 14  of  Legislative Decree No. 63 of June 4, 2013, converted, with amendments, by  Law No. 90 of August 3, 2013 , to be adopted within thirty days of the date of entry into force of this decree, and must ensure the improvement of at least two energy classes of the building, or if not possible, the achievement of the highest energy class, to be demonstrated through the Energy Performance Certificate (EPC), pursuant to Article 6 of Legislative Decree No. 192 of August 19, 2005, before and after the intervention, issued by a qualified technician in the form of a certified declaration.

Earthquake bonus

A 110 percent deduction is provided, to be divided into five equal annual installments (instead of ten), for expenses relating to specific anti-seismic interventions on buildings (pursuant to Article 16  , paragraphs 1-bis to 1-septies, of Legislative Decree no. 63/2013), incurred from July 1, 2020, to December 31, 2021. In the event of assignment of the corresponding credit to an insurance company and the simultaneous stipulation of a policy covering the risk of catastrophic events, the deduction provided for in Article 15,  paragraph 1  , letter f-bis), Tuir, is applicable at 90 percent.

Photovoltaic systems

The 110 percent tax deduction is extended to installations of specific photovoltaic systems and their integrated batteries, carried out between July 1, 2020, and December 31, 2021. The increased deduction rate applies only if the aforementioned interventions are carried out in conjunction with one of the previously listed interventions. The deduction is subject to the transfer of energy not self-consumed on-site to the GSE and cannot be combined with other public incentives or other forms of relief of any kind provided for by European, national, and regional legislation.

Installation of charging stations for electric vehicles

The 110 percent tax deduction is also recognized for expenses incurred, in conjunction with one of the previously mentioned interventions, for the installation of electric vehicle charging infrastructure in buildings.

Beneficiaries

The above mentioned discounts apply to:

• to natural persons – not in the exercise of businesses, arts or professions – on individual real estate units used as primary residence;
• to the condominiums;
• to the Autonomous Public Housing Institutes (IACP), as well as by bodies having the same social objectives as the aforementioned Institutes, established in the form of companies that meet the requirements of European legislation on “ in-house providing ” for interventions carried out on properties, owned by them or managed on behalf of municipalities, used for public housing;
• to housing cooperatives with undivided ownership for interventions carried out on properties owned by them and assigned for use by their members.

The 110 percent tax deduction for eco-bonus interventions is not applicable if the expenses relate to interventions on single-family buildings not used as primary residences.

 Beneficiaries of the relief will be able to assign the tax deduction to a bank, insurance company, or other financial intermediary, or immediately discount the tax relief in their suppliers’ invoices, who will then be free to assign it to a bank or other entities.

ADAPTATION OF WORK ENVIRONMENTS – TAX CREDIT
Art. 120

The decree introduces a tax credit of 60 percent—up to a maximum of 80,000 euros—of expenses incurred in 2020 for workplace adaptations.

Since it is not possible to identify all the entities and investment categories required for reopening at this stage, the law provides that a decree from the Minister of Economic Development, in conjunction with the Minister of Economy and Finance, may identify additional eligible entities and investments eligible for the incentive, provided that the spending limit is respected.

TAX DEDUCTIONS – TRANSFORMATION INTO TAX CREDITS – INVOICE DISCOUNT
Art. 121

For expenses incurred in 2020 and 2021 for certain types of construction work, it is possible alternatively (instead of using the deduction directly):

• obtain a discount on the amount due to the supplier, who in turn will recover the amount in the form of a tax credit;
• transform the relevant amount into a tax credit, with the option of transferring it to other entities (including banks).

This possibility is recognized for the following types of interventions:

1. recovery of the building heritage, pursuant to  art. 16-bis), paragraph 1 , letters a) and b), of the Tuir;

2. energy efficiency, pursuant to  art. 14  of Legislative Decree no. 63 of 4 June 2013, converted with amendments by  Law no. 90 of 3 August 2013 ;

3. adoption of anti-seismic measures, pursuant to art. 16, paragraphs  1-bis  and 1-ter, of Legislative Decree no. 63/2013;

4. recovery or restoration of the facade of existing buildings, including external cleaning and painting only;

5. installation of photovoltaic solar systems;

6. installation of charging stations for electric vehicles.

“ANTI COVID-19” TAX CREDITS – TRANSFER
Art. 122

Until December 31, 2021, those entitled to the tax credits introduced to address the Covid-19 emergency will be able to opt—instead of using them directly—to transfer them, even partially, to other entities (including credit institutions and financial intermediaries).

Implementation of the measure is delegated to the issuance of a specific provision by the Director of the Revenue Agency.

PAYMENTS – SUSPENSION of TERMS
Articles 126 and 127

The decree provides for a further extension of the suspension of payment terms provided for by the “Cura Italia” decree ( Legislative Decree 17 March 2020, n. 18 , converted with amendments by  Law 24 April 2020, n. 27 ) and by the “Liquidity” decree ( Legislative Decree 8 April 2020, n. 23 ).

This specifically concerns taxpayers listed in Articles  61  and 62, paragraphs  2  and  3  , of the Cura Italia decree, for whom the payment of withholding taxes, VAT, and contributions was suspended from March 2 to April 30, with payments resuming by May 31, 2020. These individuals belong to the sectors most affected by the health emergency and containment measures, as well as businesses and professionals with revenues or fees not exceeding €2 million.

In addition, pursuant to Article 18 of the Liquidity Decree, businesses and professionals  have benefited from the suspension of tax and social security payments due in April and May, with payments resuming by June 30, 2020. These include taxpayers with revenues or fees of up to €50 million who have suffered a drop in turnover or fees of more than 33 percent, and individuals with revenues or fees of more than €50 million who have suffered a reduction in turnover or fees of more than 50 percent.

Payments can be made in a single solution starting, as mentioned, from September 16, 2020, or in four equal monthly installments, with the first installment due by the aforementioned date.

In detail, the following is provided:

 Former “Red Zone” municipalities

The obligations and payments relating to social security and welfare contributions and compulsory insurance premiums expiring between 23 February 2020 and 30 April 2020, suspended in the Municipalities identified in Annex 1  to the Prime Ministerial Decree of 1 March 2020, must be made in a single solution by 16 September 2020 or in 4 equal monthly installments, with the first installment being paid by 16 September 2020.

SPORTS ASSOCIATIONS and CLUBS
Art. 127

The suspension period—provided for by Article 61,  paragraph 5  , of Legislative Decree no. 18/2020—of withholding tax payments made by professional and amateur sports associations and clubs, acting as withholding agents, for their employees (pursuant to Articles 23, 24, and 29 of  Presidential Decree 600/1973 ) has been extended from May 31 to June 30, 2020. Payments of social security and welfare contributions and compulsory insurance premiums for these same individuals are also suspended for the same period.

Resumption of collection.
Suspended payments must be made in a single payment by September 16, 2020, or in installments of up to four equal monthly installments, with the first installment due by September 16, 2020, without penalties or interest.

R&D TAX CREDIT – MIDDAY
Art. 244

In the regions of Abruzzo, Basilicata, Calabria, Campania, Molise, Puglia, Sardinia, and Sicily, and for investments in research and development activities referred to in  Article 1, paragraph 200  , of Law No. 160 of December 27, 2019, including COVID-19-related research and development projects relating to production facilities located within their territories, the tax credit provided for in Article 1  , paragraph 200, of Law No. 160 of December 27, 2019 (2020 Budget Law) for investments in research and development is increased. Specifically, the amount is increased:

• from 12 to 25 percent for large companies,
• from 12 to 35 percent for medium-sized enterprises and
• from 12 to 45 percent for small businesses.

EMERGENCY INCOME (REM)
Art. 82

The decree establishes the Emergency Income (REM), regulated as follows.

VAT – MASKS and PPE
Art. 124

The 5 percent VAT rate applies to the sale of masks and other medical and personal protective equipment ( Table A  , Part II-bis, attached to Presidential Decree 633/72, is amended accordingly  ).

Until December 31, 2020, these supplies will be exempt from VAT, with the right to deduct the tax paid on purchases and imports of goods and services related to these exempt transactions.

SANITIZATION OF WORKPLACES – TAX CREDIT
Art. 125

A 60 percent tax credit (up to a maximum of €60,000 for each beneficiary) is recognized on expenses incurred by December 31, 2020, for:

• sanitization of work environments and tools used in work activities;
• Purchase of devices designed to protect workers from accidental exposure to biological agents and to generally ensure the health of workers and users (for example, masks, gloves, protective visors and goggles, protective suits and footwear, hand sanitizers and disinfectants, thermometers, thermal scanners, decontamination and sanitizing mats or trays, barriers and protective panels).

Those engaged in business, art, or professional activities, as well as third sector organizations and recognized religious institutions, are eligible.

TAX ASSESSMENTS – SUSPENSIONS
Art. 157

Assessments, disputes, imposition of penalties, recovery of tax credits, liquidation and rectification, and settlement documents relating to documents or taxes for which the deadlines expire between March 8, 2020, and December 31, 2020, must be issued by December 31, 2020, and served between January 1, 2021, and December 31, 2021, except in cases of urgency or urgency, or for the purpose of completing tax obligations that require the simultaneous payment of taxes.

Formal checks and friendly notices
From 8 March 2020 to 31 December 2020, the following will not be sent:

• of the communications referred to in Articles  36-bis  and  36-ter  of Presidential Decree no. 600 of 29 September 1973 (formal and automated controls);
• of the communications referred to in art. 54-bis  of Presidential Decree no. 633 of 26 October 1972;
• of the requests for compliance referred to in art. 21-bis  of Legislative Decree 31 May 2010, n. 78, converted with amendments by  Law 30 July 2010 n. 122 ;
• of the documents establishing the additional tax on motor vehicle tax, pursuant to art. 23, paragraph 21 , of Legislative Decree no. 98 of 6 July 2011;
• of the assessment documents for car taxes, limited to the regions of Friuli Venezia Giulia and Sardinia;
• of the assessment documents for failure or late payment of the tax on government concessions for the use of cell phones pursuant to art. 21, Tariff attached to  Presidential Decree 26 October 1972 n. 641 ;

processed or issued, even if not signed, by December 31, 2020.

Payment notices
The deadlines for the notification of payment notices are extended by one year with regard to:

• to the declarations submitted in 2018, for the sums that are due following the liquidation activity provided for by  articles 36-bis  of Presidential Decree 600/73 and 54-bis of  Presidential Decree 633/72 ;
• to the tax substitute declarations submitted in 2017, for the amounts due pursuant to Articles  19  and  20  of the Consolidated Law on Income Tax;
• to the declarations submitted in 2017 and 2018, for the amounts owed following the formal control activity pursuant to  art. 36-ter  of Presidential Decree 600/73.

Interest
With regard to the above documents, notified in 2021, interest for late payment and interest for late registration are not due for the period between January 1, 2021 and the date of notification of the document itself.

ASSESSMENT with ADHESION – CUMULUS of TERMS

Art. 158

The suspension of procedural deadlines provided for by art. 83,  paragraph 2  , of the “Cura Italia” decree ( Legislative Decree 17 March 2020, no. 18 , converted with amendments by  Law 24 April 2020, no. 27 ) can be combined with the suspension of the appeal deadline provided for by the adhesion assessment procedure.

CUSTOMS DUTIES – EXTENSION OF TERMS

Art. 161

In the event of “serious economic or social difficulties,” customs duty payments due between May 1, 2020, and July 31, 2020, are extended by 60 days, without penalties or interest. To this end, the interested party must submit a specific application.

However, the rule applies only if the debit account holder is among the persons referred to in art. 61,  paragraph 2  , letter o), of  Legislative Decree no. 18 of 17 March 2020 , converted with amendments by  Law no. 27 of 24 April 2020  (the “Cura Italia” decree), or referred to in art. 18, paragraphs  1  and  3 , of Legislative Decree no. 23 of 8 April 2020 (the “Liquidity” decree).

RENTALS – TAX CREDIT
Art. 28

A tax credit of 60 percent of the monthly rent, lease, or concession fee for non-residential properties used for industrial, commercial, artisanal, agricultural, tourism, or habitual and professional self-employment purposes is provided.

Eligible entities
: Entities engaged in business, artistic, or professional activities with revenues or fees not exceeding €5 million in the previous tax period are eligible. A prerequisite for the tax credit is that tenants, if operating a business, have experienced a decrease in turnover or fees of at least 50 percent in the reference month compared to the same month in the previous tax period.

Business rental

For complex service contracts or business leases, including at least one non-residential property intended for industrial, commercial, artisanal, agricultural, tourism-related activities, or for the habitual and professional exercise of self-employment, the tax credit is equal to 30 percent of the related rent.

Hotel facilities
The tax credit is available to hotel and agritourism facilities regardless of the volume of revenue and fees recorded in the previous tax period.

Non-profit organizations

The tax credit is also available to non-commercial entities, including third sector entities and civilly recognized religious entities, in relation to the rental, leasing, or concession fees for non-residential properties used for institutional activities.

Calculating the tax credit

The tax credit is proportional to the amount paid in the 2020 tax period for each of the months of March, April, and May, and for tourist accommodation facilities with only seasonal operations for each of the months of April, May, and June.

Use of the tax credit:
Exclusively as a set-off after the rent has been paid. The credit can also be assigned to the lessor or grantor, or to other parties, including credit institutions and other financial intermediaries. The tax credit does not contribute to the calculation of income for income tax purposes or the value of production for IRAP purposes.

A provision from the Revenue Agency will follow.

Non-cumulability

The tax credit referred to in this article cannot be combined with the tax credit referred to in art. 65  of Legislative Decree no. 18 of 17 March 2020, converted, with amendments, by  Law no. 27 of 24 April 2020 , in relation to the same expenses incurred.

INNOVATIVE SMEs – INNOVATIVE START UP
Art. 38

The decree includes provisions aimed at strengthening public support for the creation and development of innovative start-ups through:

• the “Smart&Start Italia” measure, established by the  Ministerial Decree of 24 September 2014  and subsequently amended by  the Ministerial Decree of 30 August 2019 
• the activation of a new line of intervention, to be combined with the Smart&Start measure, aimed at facilitating the meeting between innovative startups and the system of incubators, accelerators, universities, innovation hubs, etc. through a non-repayable contribution for the acquisition of services provided by these entities;
• Strengthening the capital of innovative startups by incentivizing, at a later stage of the incubation/acceleration process, investment in startups by qualified investors (the “Smart Money” measure). 
  The granting of these contributions, to be paid pursuant to the general “de minimis” regulation (EU Regulation No. 1407/2013), will be regulated by a decree of the Minister of Economic Development, to be adopted within 60 days of the effective date of the decree-law;
• The increase in the “Venture Capital Support Fund,” established pursuant to Article 1, paragraph 209, of Law No. 145/2018, to which additional resources of €200 million have been allocated for 2020. 

REMAINING IN THE SOUTH – MEASURES TO SUPPORT WORKING CAPITAL NEEDS
Art. 245

In addition to the incentives already provided for by the “Resto al Sud” measure (pursuant to  Legislative Decree no. 91 of 20 June 2017, converted with amendments by  Law no. 123 of 3 August 2017 ), the decree provides for the granting of a contribution to cover working capital requirements, up to a maximum of 40 thousand euros, to be disbursed only following the completion of the spending programmes already supported and on condition that all the obligations and requirements set out in the aid scheme have been respected.

Amount of the contribution
This contribution is foreseen in the following amounts:

• 15,000 euros for self-employed and freelance work carried out individually;
• 10 thousand euros for each partner of the company benefiting from the incentives referred to in the aforementioned  Legislative Decree 91/2017 , up to a maximum amount of 40 thousand euros.

Requirements
To access the contribution, freelancers, sole proprietorships and companies (including cooperatives) benefiting from the “Resto al Sud” incentives must:

• having completed the spending program financed by the aforementioned incentive measure;
• possess the requirements certifying the correct use of the benefits and therefore not be in one of the conditions referred to in art. 13, paragraph 1 , of Ministerial Decree 9 November 2017, n. 174;
• have fulfilled, at the time of application, the repayment obligations of the bank loan installments referred to in Article 7, paragraph 3 , letter b), of the same decree.

PRE-COMPILED VAT REGISTERS – REFERENCE
Art. 142

The experimental launch of the process for preparing draft VAT registers and periodic VAT settlement communications by the Revenue Agency ( Article 4, paragraph 1 , Legislative Decree no. 127 of August 5, 2015) has been postponed to VAT transactions carried out from January 1, 2021.

TAX REFUNDS – SIMPLIFICATIONS
Art. 145

Refunds may be made to all taxpayers without applying the compensation procedure set forth in Article 28-ter  of Presidential Decree No. 602 of September 29, 1973.

UNIFIED CONTRIBUTION
Art. 135

The following deadlines are suspended from March 8th to May 31st 2020:

• for the calculation of penalties due for late payment of all or part of the unified contribution (pursuant to art. 16  of Presidential Decree 30 May 2002, no. 115);
• from art. 248  of Presidential Decree 115/2002, regarding the invitation to pay the unified contribution.

FEES – STORAGE AND ELECTRONIC TRANSMISSION – SANCTIONS
Art. 140

The decree-law in question provides that the sanctions set forth in Article 2, paragraph 6 , of Legislative Decree No. 127 of August 5, 2015, are inapplicable until January 1, 2021, against operators who are unable to equip themselves with an electronic recorder by July 1, 2020, or use the web-based procedure made available by the Revenue Agency.

Compliance Requirements
These entities remain obligated to issue receipts or tax bills, record the fees pursuant to art. 24  of Presidential Decree 633/72, and electronically transmit daily fees data to the Revenue Agency on a monthly basis pursuant to the Provision of the Director of the Revenue Agency dated  4 July 2019, no. 236086 .

HEALTH CARD SYSTEM
Art. 140

The deadline for the adaptation of telematic recorders for the electronic transmission of daily receipt data exclusively to the Health Card System ( Article 2, paragraph 6-quater , Legislative Decree 127/2015) has been postponed to January 1, 2021.

LOTTERY of FEES
Art. 141

The start of the fee lottery ( Article 1, paragraph 540 , Law No. 232 of December 11, 2016 – 2017 Stability Law) has been postponed from July 1, 2020, to January 1, 2021 .

COLLECTION – TERMS – “TERMATION-TER” – “BALANCE AND WRITE-OFF”
Art. 154

Through some amendments to Article 68  of the “Cura Italia” decree (Legislative Decree 17 March 2020, no. 18, converted with amendments by  Law 24 April 2020, no. 27 ), it is established:

• the postponement from May 31 to August 31, 2020, of the final deadline for the suspension of payment terms for charges entrusted to the collection agent;
• that, for the deferral plans in place as of March 8, 2020, and the acceptance orders issued with reference to the requests submitted up to August 31, 2020, the debtor will lose the instalment plans granted in the event of non-payment of 10 instalments (and no longer 5), even if non-consecutive;
• that the payment of all installments of the “third scrapping” and the so-called “balance and cancellation” due in 2020 can be made by December 10, 2020 (however, the 5-day “tolerance” referred to in art. 3, paragraph 14-bis, of Legislative Decree 119/2018 does not apply to this deadline);
• the elimination of the preclusion on the possibility of requesting a deferral of payment for debts included in the declarations of adherence to the simplified settlements for which the applicant has subsequently failed to pay the amount due.

PA ACTS – VALIDITY
Art. 81

All certificates, attestations, permits, concessions, authorizations and enabling acts, however named, expiring between January 31 and July 31, 2020,  remain valid for ninety days following the declaration of the end of the state of emergency ( art. 103, paragraph 2, Legislative Decree 17 March 2020 n. 18, converted with amendments by  Law 24 April 2020, n. 27 ), with the exception of the single document of contribution regularity, which remains valid until June 15, 2020.

The provision also applies to certified notifications of commencement of activity, certified notifications of habitability, as well as landscape permits and environmental permits of any kind. The same deadline also applies to the withdrawal of building permits of any kind issued until the state of emergency is declared to have ended. 

LAND AND SHAREHOLDINGS – REVALUATION
Art. 137

For individuals and limited partnerships, the option to revalue non-traded shareholdings and land (both agricultural and building) has been extended to assets owned as of July 1, 2020 (the last extension was provided for by the 2020 Budget Law – Law No. 160 of December 27, 2020). In this case, the substitute tax is due at the rate of 11 percent:

• for shareholdings which, as of 1 July 2020, are qualified pursuant to art. 67, paragraph 1 , letter c), of the Consolidated Law on Income Tax, and for non-qualified shareholdings;
• for building and agricultural land.

The substitute tax
can be paid in up to three equal annual installments, starting September 30, 2020. Interest at the rate of 3% per year is due on the amount of installments subsequent to the first, to be paid simultaneously.

Expert Report
The drafting and swearing of the expert report must be completed by September 30, 2020.

TARI, IMU – RESOLUTIONS
Art. 138

The deadline for approving resolutions regarding Tari and Imu has been extended to July 31, 2020.

TOURISM SECTOR – IMU
Art. 177

Exemption from the first IMU instalment, due on June 16, 2020, is expected for the following properties:

• used as seaside, lake and river bathing establishments, as well as the buildings of spa establishments;
• falling within the cadastral category D/2 (hotels and guesthouses) and the properties of agritourism businesses, tourist villages, youth hostels, mountain refuges, seaside and mountain camps, short-stay rooms for rent, holiday homes and apartments, bed and breakfasts, residences and campsites, provided that the owners also manage the activities.

PUBLIC SERVICE COMPANIES – TOSAP SUSPENSION
Art. 181

The decree provides for exemption from January 1, 2020, to October 31, 2020, from the payment of the tax for the occupation of public spaces and areas referred to in Chapter II of  Legislative Decree No. 507 of November 15, 1993,  and from the fee referred to in Article 63  of Legislative Decree No. 446 of December 15, 1997, for public service companies referred to in Article 5 of Law No. 287 of August 25, 1991, that hold concessions or authorizations concerning the use of public land.

The law also states that until October 31, 2020, applications for new permits for the occupation of public land or for the expansion of existing permits must be submitted electronically to the competent office of the local authority, attaching only the site plan, in derogation of  Presidential Decree no. 160/2010  (Regulation for the simplification and reorganization of the one-stop shop for productive activities). The stamp duty referred to in Presidential Decree  no. 642/1972 is not due .

ELECTRONIC INVOICES – STAMP DUTY
Art. 143

Article 12-novies  of Legislative Decree No. 34 of April 30, 2019, converted with amendments by  Law No. 58 of June 28, 2019 , introduced a procedure for the Revenue Agency to supplement the stamp duty due on electronic invoices sent via the Exchange System (SdI) that do not bear the tax payment notation. The decree now extends the application of this rule from January 1, 2020, to January 1, 2021.

COMPENSATION with the F24 – NEW LIMIT
Art. 147

Pursuant to Article 34, paragraph 1 , first sentence, of Law No. 388 of December 23, 2000 (Financial Law 2001), effective January 1, 2001, the maximum limit for tax credits and contributions that can be offset pursuant to Article 17  of Legislative Decree No. 241 of July 9, 1997, or refunded to tax account holders, is set at 516,000 euros for each calendar year; since 2014, this limit has been raised to 700,000 euros by Article 9, paragraph 2 , of Legislative Decree No. 35 of April 8, 2013. Now, the decree in question provides that, effective January 1, 2020, the aforementioned limit will be raised from 700,000 to 1 million euros.

LITIGATION – DEFLATIONARY INSTITUTIONS – TERMS
Art. 149

The payment deadlines for the first or single installment of membership subscriptions, payments for mediation, conciliation, tax credit recovery, and liquidation notices for which Article 15  of Legislative Decree No. 218 of June 19, 1997, does not apply have been extended from March 9, 2020, to September 16, 2020. This extension applies to the aforementioned documents, whose payment deadlines expire between March 9, 2020, and May 31, 2020.

APPEALS to the CTP – TERMS
Art. 149

The deadline for filing first-instance appeals before the Tax Commissions for transactions definable pursuant to Article 15  of Legislative Decree No. 218 of June 19, 1997, for which payment deadlines expire between March 9, 2020, and May 31, 2020, has been extended to September 16, 2020.

The extension also applies to the amounts due for the instalments relating to acquiescence, adhesion, mediation, conciliation and those relating to the defining institutes provided for in Articles  1 ,  2 ,  6  and  7  of Legislative Decree 119/2018, due between 9 March and 31 May 2020. The extended payments must be made, without penalties and interest, in a single solution by 16 September 2020 or, starting from September 2020, by instalments up to a maximum of 4 monthly instalments of the same amount.

HOLIDAY TAX CREDIT
Art. 176

For the 2020 tax period, a credit is available to households with a valid ISEE (Income Tax Estimator) of no more than €40,000, to be used to pay for services offered nationally by tourism and hospitality businesses. Specifically:

• The credit can be used, from July 1st to December 31st, 2020, by only one member of each household, in the amount of €500 per household; the credit amount is €300 for two-person households and €150 for single-person households;
• The credit is available in the form of an 80 percent discount on the amount due, paid in advance by the suppliers from whom the expense was incurred, and in the form of a 20 percent tax deduction when filing the tax return by the eligible party;
• the discount is reimbursed to the service provider in the form of a tax credit to be used exclusively as a set-off, with the option of transferring it to its own suppliers of goods and services or to other private entities, as well as to credit institutions or financial intermediaries;
• the expenses must be incurred in a single solution and in relation to the services provided by a single tourist-accommodation business, or by a single farmhouse or bed & breakfast;
• the total amount must be documented by an electronic invoice or commercial document, indicating the tax code of the person intending to benefit from the credit;
• Payment for the service must be made without the assistance, intervention, or intermediation of entities managing online platforms or portals other than travel agencies and tour operators.

Implementation of the measure:
A directorial provision from the Revenue Agency will follow, issuing the implementing provisions for the relief in question.

GARNISHMENTS on SALARIES and PENSIONS – SUSPENSIONS
Art. 152

Garnishments of third-party assets carried out before the effective date of this decree by the collection agent and by entities registered in the register provided for by Article 53  of Legislative Decree No. 446 of December 15, 1997, relating to sums owed in the form of wages, salaries, and other benefits related to employment, including those due as a result of dismissal, as well as pensions, benefits in lieu of pensions, or retirement benefits, are suspended until August 31, 2020. Furthermore, until the same date of August 31, 2020, such sums will not be subject to the restriction of non-availability, and the garnished third-party will make them available to the debtor under enforcement, even if the assignment has already been ordered by the enforcement judge.

TAX CREDIT ADVERTISING
Art. 186

For 2020 only, the maximum investment eligible for the tax credit for advertising investments pursuant to art. 57-bis  of Legislative Decree no. 50 of 24 April 2017, converted with amendments by  Law no. 96 of 21 June 2017  (subsequently amended by art. 98  of Legislative Decree no. 18 of 17 March 2020, converted with amendments by  Law no. 27 of 24 April 2020 ), is expected to increase from 30 to 50 percent.

NEWSSTAND BONUS
Art. 189

A one-time tax-exempt grant of up to €500 is available to newsstands, up to a maximum of €7 million for 2020. To qualify, an application must be submitted to the Department for Information and Publishing of the Presidency of the Council of Ministers.

TAX CREDIT for DIGITAL SERVICES
Art. 190

For 2020, newspaper and periodical publishing companies registered in the register of communications operators, which employ at least one permanent employee, are entitled to a tax credit equal to 30 percent of the actual expenditure incurred in 2019 for the acquisition of server, hosting, and evolutionary maintenance services for digital publications, and for information technology for connectivity management.

For the purposes of identifying the time the expense was incurred, Article 109  of the Consolidated Income Tax Code (TUIR) is relevant.

CHECKS pursuant to ART. 48-BIS, DPR 602/73 – SUSPENSION
Art. 153

During the suspension period referred to in Article 68 , paragraphs 1 and 2-bis, of Legislative Decree 18/2020, Article 48-bis  of Presidential Decree 602/1973 does not apply; consequently, the debtor may receive payment of the amounts owed to them by public administrations even if they default on their payment obligation arising from the notification of one or more payment notices, amounting to at least €5,000. This provision also applies to inspections already carried out as of the effective date of this Legislative Decree, for which the collection agent has not notified the payment order required by Article 72-bis  of Presidential Decree 602/1973.

LICENSES, ADMINISTRATIVE AUTHORISATIONS – NOTIFICATIONS
Art. 151

The suspension period for the terms referred to in Article 12  of Legislative Decree No. 471 of December 18, 1997, for the notification and execution of acts suspending the license or authorization to practice the activity or the activity itself and the measures suspending registration in professional registers or associations against individuals who have been charged with multiple violations of the obligations to issue receipts, tax receipts, certification of fees, or the obligations to regularize the purchase of technical equipment for telecommunications has been postponed to January 31, 2021.

CONTROLS pursuant to ARTICLES. 36-BIS and 36-TER, Presidential Decree 600/73 and 54-BIS, Presidential Decree 633/72
Art. 144

The provision under consideration provides that:

• payments of the sums due pursuant to Articles  2 ,  3  and  3-bis  of Legislative Decree No. 462 of 18 December 1997, due between 8 March 2020 and the day before the entry into force of the decree in question, are considered timely if made by 16 September 2020;
• payments of the sums due pursuant to Articles  2 ,  3  and  3-bis  of Legislative Decree No. 462 of 18 December 1997, falling due in the period between the entry into force of the decree itself and 31 May 2020, may be made by 16 September 2020, without further penalties or interest;
• The above payments can also be made in 4 equal monthly installments by the 16th of each month starting from September 2020.

IVAFE
Art. 134

The IVAFE (tax on the value of financial products held abroad) will be applied to current accounts and savings books of entities other than natural persons at a rate of 100 euros per year: this is therefore the same amount as the stamp duty; for entities other than natural persons, however, the maximum tax amount is 14 thousand euros.

Regulatory reference
In fact, the amendment of art. 19, paragraph 20 , of Legislative Decree no. 201 of 6 December 2011, converted with amendments by  Law no. 214 of 22 December 2011, is foreseen .

Budget 2020
Please note that pursuant to Article 1 , paragraphs 710 and 711, of the 2020 Budget Law (Law No. 160 of 27 December 2019), the scope of application of IVAFE has been modified. In fact, those required to comply with the monitoring obligations set forth in Article 4, paragraph 1 , of Legislative Decree 167/1990 and resident in Italy are now also required to pay. Therefore, starting in 2020, the following are subject to the tax:

• natural persons;
• non-commercial entities and resident simple and equivalent companies that hold financial assets abroad.

MOD. 730 – EXPANSION OF THE TAXPAYER RANGE
Art. 159

For the 2019 tax period, the range of taxpayers who can submit the 730 Employee Form without a withholding agent—and the related form for the allocation of 0.5% and 0.8%—pursuant to Legislative Decree No.  69 of June 21, 2013 , has been expanded, even if a withholding agent is required to perform the adjustment. This is to overcome difficulties that may arise in completing the adjustment procedures for tax assistance due to insufficient withholdings applied by the withholding agent.

If the submitted 730 form reveals a debt, payment is made directly by the taxpayer or the tax advisor using the F24 form. If, however, a credit is found, the refund is made by the Tax Administration, based on the final result of the return, after the deadline for submitting the 730 form (September 30, 2020).