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Pensions, I agree to return the wrongfully received amounts after tax

INPS advertises ways to replicate wrongfully received after-tax amounts as an advance. The rule also sets a 30% tax deduction in favor of the withholding agent.

Returning unnecessarily received pensions and/or social benefits relating to previous years to the INE is more appropriate. Effective January 1, 2020, taxpayers are required to return only amounts actually received, i.e. net of tax tax, without having to recover withholdings incurred by deducting them from gross income for the tax year in which the recurrence occurs (such as an event to date).

It was announced by INPS in Circular no. 174 on November 22, 2021 In which he clarifies the new regulations contained in Article 150 of Legislative Decree No. 34/2020 adapter with n law. 77/2020 (the so-called restart decree).

The law also provided for recognizing, to the tax withholding agent instead of reimbursement, a tax deduction equal to 30% of the net amounts received for use in compensation without limitation on the amount.

This legislation has also recently been subject to discipline by the Revenue Agency with Circular No. 8/Aq on July 14, 2021.

Refund of unjustly collected amounts

The novel aims to simplify the procedures for repaying unjustly paid amounts related to previous years, subject to withholding tax as an advance by the withholding tax agent. In essence, these are pensions and social benefits (such as social safety nets, asleep, Dis-coll, Ape sociale) with the exclusion of services for which discounts are not applied Because it is tax free (such as pensions and social allowances, civil disability benefits, family allowances, social increases, etc.).

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Moreover, the rule does not apply to taxable amounts saved reply In the same year of payment.

The current standard, as it is known, states that the withholding agent is required to require the recipient to return the undeserved amounts – if they were taxed in previous years – the total withholding taxes, unless the taxpayer has a right to recover the withholding amounts incurred through The mechanism for deducting fees from the total income for the tax year in which the total amount was duplicated.

The uniform jurisprudence now predicts, however, that refund should relate only to the amounts actually received by the taxpayer as they enter the actual availability of the recipient, i.e., net of taxes effectively applied by the withholding agent.

With the legislative intervention under discussion, the amounts to be paid must be calculated Clear Withholding tax incurred, as well as withholding taxes applicable to Additional Income Tax Address It no longer constitutes a deductible fee to the taxpayer.

Calculation and definition of amounts in the case of partial repetition

If the outstanding amount relates to only one part of the total amount paid, INPS explains that in the absence of a specific regulatory indication, the proportionality criterion (Circular No. 8/E/2021 of the Revenue Agency) according to which “the substitute will be required to subtract from the total amount to be paid by the taxpayer, which is part of the withholding withheld for IRPEF purposes, and may be proportionately referred to as “unnecessary” .

Suppose a case where in 2019 a tax withholding agent paid approximately €28,000, working with IRPEF withholding for €6,960. Then, in 2021, it requires returning about a quarter of the total amount paid (28000 * / 4) = 7000 euros. To determine the net amount of the undue amount subject to refund, the tax withholding agent will have to subtract one quarter from the total withholding amounts in 2019 (€6,960). In the hypothesis shown, the value is about 1740 euros (6960 * 1/4). Therefore, the amount of the outstanding amounts, after deducting the Irpv withholding tax, will be approximately €5,260 (7000 – 1740).

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30% tax credit

In addition, a 30% tax deduction of the amounts received. The credit in favor of a tax withholding agent (ie INPS) arises upon verification of the right to repay unjustified amounts received, Regardless of the actual payment of the unpaid amounts. It is in fact an independent right different from the credit towards the recipient whose failure to do so shall not prejudice the unjustified refund of the amounts paid to the tax authorities.

Return of amounts received without justification and notice of discount

The new system, the INPS explains, is in place starting with refunds From January 1, 2020 Excluding already “specified” relationships as of May 19, 2020 date of entry into Legislative Decree No. 34/2020. By “specific” we mean those attributed to the following cases:

  • a) the unpaid sums have already been reimbursed in lump, or it has been established by court rulings with the final decision adjudicated for lump-sum compensation;
  • b) to recover the unpaid amounts in progress with the annuity plan, calculating the total withholding amounts made at the time of payment, because the relationship between the parties was established at the time of approval of the refund;
  • c) the statement of discount With the commencement of procedures for recovery, compensation or withdrawal of the service, although the management processes have not yet been completed;
  • d) In cases where non-due payments are envisaged by cash transfer, the discount notice has already been given as of May 19, 2020 and the thirty-day period specified for compliance has passed without the relevant party being satisfied.
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For notification purposes, the date to be considered is the date on which the discount notice is delivered to the recipient.

In these cases, the INPS will proceed to request the return of sums received without justification, the total taxes withholding. Moreover, fees withheld from tax are recognized, without making adjustments or recalculating the amounts, in accordance with Article 10, paragraph 1, letter d bis), of TUIR.

documents: INPS Publication No. 174 on November 22, 2021