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Offsetting prohibited tax credits

Offsetting prohibited tax credits

Offsetting Transition 4.0 tax credits with F24 is currently prohibited. This is established by the Revenue Agency. The MIMIT decree is awaited to communicate the total amount of business investments

block for Credit compensation Tax related to investments for benefit Transition 4.0.

And with the new rules, companies must Communicate the total amount Of the investments that will be made.

the Communication ways However, it must be defined by a Specific decree From the Ministry of Business and made in Italy which has not yet been approved.

to'Revenue Agencywith the Resolution No. 19 As of April 12, the use of tax laws to obtain compensation is temporarily suspended.

Shift 4.0: Ban offsetting tax credits

With the Resolution No. 19 issued yesterday, April 12the revenue agency established a Temporary suspension for compensation Tax exemptions for related investments Transition 4.0.

Suspension affects:

  • Tax exemptions for investments in New capital goodsReferred to in Article One, paragraphs 1057 bis to 1058 ter of Law No. 1058 bis ter of Law No. 1058 bis ter. 178/2020;
  • Tax exemptions related to investments in Research and development activities, Technological innovation H design H Aesthetic thinkingstipulated in Article 1, paragraphs 200, 201 and 202 of Law No. 202 of 2009. 160/2019.

To obtain these benefits, in fact,Article 6 of Legislative Decree No. 39 of 2024 I requested to send a letter to MIMIT with the total amount of planned investments, which should be updated At the business end.

However, the message cannot be sent yet because the routes must be specified by A Specific MIMIT decree, Which has not yet been approved.

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Until the adoption of this decree, a revenue agency was established for it block to compensate From tax exemptions.

The practice document states the following: Tax codes whose use is currently suspended.

Revenue Agency – Resolution No. 19 dated April 12, 2024
Tax breaks for Transformation 4.0 investments.

Transition 4.0: The use of some tax codes has been temporarily suspended

In the Revenue Agency's practice document, the following is noted: Tax codes Which cannot be used temporarily to offset tax credits using Form F24.

Symbols are shown inside Summary table.

Tax law a description
6936 Tax credit for investments in new capital goods referred to in Appendix A of Law No. 232/2016 – Art. 1 Paragraphs 1056, 1057 and 1057 bis Law No. 1056, 1057 and 1057 bis. 178/2020
6937 “Tax credit for investments in new capital goods referred to in Appendix B of Law No. 232/2016 – Art. 1, paragraph 1058, Law No. 178/2020
6938 Tax credit for investments in research and development, ecological transition, technological innovation 4.0 and other innovative activities – Art. 1, c. 198 et seq., Law No. No. 160 of 2019
6939 Tax credit for investments in research and development – Incremental measure for investments in the southern regions – Art. 244, c. 1, dln. 34 of 2020
6940 Tax credit for investments in research and development – Incremental measure for investments in areas affected by the earthquake in central Italy – Art. 244, c. 1, dln. 34 of 2020

Specifically, use has been suspended:

  • By and Tax codes 6936 and 6937, When the reference year is indicated as 2023 where is he 2024;
  • By and Tax codes 6938, 6939, and 6940when the reference year is indicated as 2024.
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The suspension will remain in effect until approved MIMIT Directive Decree.

In general, in fact, communication must be made with the approved form Administrative Decree October 6, 2021 From the Ministry of Economic Development.

However, the new MIMIT Decree will have to make the necessary changes, both in contentwhich in situation It's us Submission deadlines Of communications.