Saturday, July 20, 2024

The agreement risks being a trap for professionals.


Income will need to be cleansed, current and previous returns and proof of verification (including Isas) and advance payments will be redetermined: For accountants, the two-year period with creditors builds from the opportunity to undertake business risks into risks. Professional cutter.

In addition to evaluating the appropriateness of adhering to the agreement with their clients, in fact, professionals must also deal with Risk of confiscation Of agreeing on any mistakes The obligation to implement the instrument, which, given its complexity, is far from remote.

Hence the questions that should be asked within the studies: Required fees For consultations at the stage of accession to the Convention, is it sufficient for the potential professional risks involved?

However, to answer this question, we must take into account and analyze the many variables at play.

As expected, in fact, along with the difficulties purely referred to Calculations for determining income and declaring it to the tax authorities As a basis for drafting the proposed agreement and the new agreement twisted identification mechanism From progress In the first year of the institute’s application, professionals must also deal with the multiple reasons for confiscation in addition to dealing with the practical aspects. Regularity of the overall declaration A request not only in the years of the agreement but also in the years preceding accession.

Impeccable statements

In Article 22 of Decree-Law No. 13/2024 (which introduced and regulates the preventive agreement every two years) the reasons for the lapse of the agreement are regulated with effects affecting both the declaration taken as the basis of the agreement and the previous declaration.

In paragraph 1 of the above-mentioned article, the first three letters a), b) and c) indicate the strength of the connection between accession to the Charter and the regularity of the declaration (almost completely).

A) actually states that the Convention ceases to apply for both tax periods if the following occurs verification– In the tax periods covered by the agreement, there is evidence proving the existence of undeclared assets or the absence or non-deductibility of declared liabilities in an amount exceeding 30% of declared revenues.

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It must be specified that the regularity described above must be found not only in the “agreed” two-year period but as always indicated in letter a) in the commentary also in The tax period prior to joining.

The fact that the benefits of the tool can be lost after the issuance of the assessment alone, even if the law is overturned by tax judges after appeal, forces professionals to seriously consider the issue of a positive opinion on the use of the agreement for those clients whose data in the declaration consist of elements generated by Assessments that are not in line with revenue agency trends.

Also worth noting is the fact that the 30% “discount” is also reduced for middle and low income earners, with the possibility of it being easily exceeded by the administration’s findings.

Letter b) provides instead that the declarations shall not be amended in the event that the use of the mechanism is chosen, and it is established that it terminates if the data and information declared by the taxpayer, after amending or merging the tax declaration, determine a different quantitative estimate of the income tax declaration or the net production value compared to that on the basis of which the conciliation proposal was accepted.

In short, once you enter into the agreement, you can start making ads Only in rare casesOtherwise, the agreement with the tax collector will fail.

On the other hand, letter c) stipulates the impossibility of making mistakes when joining the agreement, and establishes that the agreement terminates if data are indicated in the tax return that do not correspond to those reported for the purposes of determining the proposal.

Jesus is also regular.

Article 22, paragraph 2, letter b) provides instead that an event also leads to confiscation. Inaccurate or incomplete communication With the relevant data for the purposes of applying the indicators referred to in Article 9 bis of the Legislative Decree of April 24, 2017, n. 50, transformed, with amendments, by Law of June 21, 2017, n. 96, to the extent that it allows the determination of a lower net income or value of the production covered by the agreement by an amount greater than 30%.

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But in this case, there is a possibility to avoid confiscation. to organize Connect with the Active Repentance App.

Calculate income from the agreement

The income to be sent to the tax authorities when completing the Cpb form (Biennial Preventive Agreement) must be purified from some of the components referred to in Articles 15 and 16 of Legislative Decree 13/2024 and subject to the recent changes approved by the Council of Ministers with the approval of Corrective decree It is published in Official Gazette.

This aspect should also not be taken lightly since any mistakes made at this stage could lead to forfeiture of the agreement.

For the purposes of the “agreed” business income, the rules dictate the above-mentioned Article 16, according to which the relevant income is determined by reference to Article 56 of Presidential Decree 917/1986 (Consolidated Income Tax Law), for small companies to Article 66 of the same Consolidated Law and for IRS entities to the provisions of Section I of Chapter II of Title II of the TUIR.

The specific income must be calculated as above. without regard to capital gains They are realized in accordance with Articles 58, 86 and 87 of the TUIR and potential assets in accordance with Article 88 of the TUIR, as well as capital losses and potential liabilities in accordance with Article 101 of the above-mentioned Consolidated Income Tax Law.

It also adds the corrective decree in the purification phase. Credit losses And any profits or losses resulting from contributions to “transparent” joint stock companies or those committed to the system referred to in Article 115 or 116 of the Unified Law, or profits distributed in any form and under any name by companies and entities. referred to in Article 73, paragraph 1 of the TUIR.

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Instead, Article 15 sets out the agreed income range for professionals, stating that: Starting data It is the amount determined in accordance with the provisions of Article 54 of the TUIR Law and is then cleared from the capital gains and losses and income or income shares relating to contributions to the entities referred to in Article 5 of the said consolidated law, and is added to the corrective decree as well as the fees received after the transfer of clients or intangible elements relating to the technical or professional activity referred to in paragraph 1 ter of the said Article 54.

Advance payments with the new increase

The corrective decree provides for a new method for Determine advance paymentsI am in the early commitment phase of the agreement and it is not very linear to manage the risks associated with it in case something goes wrong.

The new methodology states that if you want to use the historical method, the specific down payment must be calculated in excess of 15% (for fixed rates 12% and 4% for startups) of the difference, if positive, between the agreed income and the declared business or self-employment income The previous period, and it is amended in accordance with the provisions of the aforementioned Articles 15 and 16 of Legislative Decree 13/2024.

For ErapThe increase is equivalent to 3 percent of the difference, if positive, between the agreed and announced net production value for the previous period.

This complex calculation also clearly represents Occupational hazards.

Although, in the event of a calculation error, the agreement will be confiscated only if the difference requested by the Automated Revenue Agency is not paid under Article 36 bis of Presidential Decree No. And Law No. 600 of 1973, without always prejudice to the possibility of resolving an oversight with sincere repentance, Penalties for non-payment They can stay with the professionals.

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