The amnesty multiplies the payments. The “transparent” subjects, in fact, will be asked to pay the substitute tax from special repentance through the individual members or associates and not through the company, the option will be exercised through the payment of the first or only installment of the substitute taxes without the need of any communication. Finally, definitive exclusion for subjects who in 2023 had signed up to the flat-rate scheme who, despite having signed up to the composition with creditors, will not be able to opt for the special repentance even if they have completed the corresponding Isa forms in the years 2018-2022.
These are the main indications that can be deduced from reading provision no. 403886/2024 published by the Revenue Agency.
The audience of those interested in the amnesty
Taxpayers who have applied Isas in 2023 and what they have adhered to the biennial preventive agreement by October 31st they will be able to exercise, by 31 March 2025, the option for special repentance by submitting the F24 corresponding to the first or only installment of the substitute tax(s). Following the issue of resolution number 50/E on October 17th, tax codes were established which essentially gave rise to the possibility of repaying the tax years ranging from 2018 to 2022.
In any case, those interested in adhering to the amendment will have to verify that the synthetic reliability indices have been applied for the years concerned (2018-2022) or that they have not been applied due to one of the causes of exclusion related to the spread of the pandemic from Covid 19 or, again, which have not been applied due to the existence of one of the conditions of non-normal performance of the activity.
Red light instead for those who were within the flat rate regime in 2023 and has adhered to the composition with creditors for the year 2024 by 31 October, despite having been subject to the Isa for the years from 2018 to 2022. The provision limits, in fact, the application of the special repentance only to subjects who have adhered to the composition with creditors “referred to in articles 10 to 22” of Legislative Decree 13/2024, i.e. to those who have applied Isas for the tax period 2023.
For “transparent” subjects F24 is growing exponentially
One of the problems of no small importance that many will be called upon to face probably concerns theenormous amount of payments that companies and members will be asked to make to perfect the special repentance. But let’s go in order.
For the companies and associations indicated in article 5 of the TUIR and for those indicated in articles 115 and 116, for the purposes of exercising the option, the following obligations will be necessary:
- the presentation of the F24 form by the company regarding the IRAP substitute tax
- and the presentation of the F24 form by individual members/associates for what concerns the substitute tax for income taxes and related additional taxes.
In light of this, let’s analyze the case of a general partnership that entered into the preventive agreement by October 31st and intends to take advantage of, using the long installment plan (24 instalments)of the special repentance for one or more of the years ranging from 2018 to 2022.
Wanting to simplify, let’s assume that the amount to be paid for the year for which you intend to apply the special repentance (for example 2021) is 3 thousand euros for what concerns income and additional taxes and one thousand euros for what concerns it instead concerns the regional tax. Let us also assume that the shareholders of the aforementioned company are five, each subscriber to 20% of the relevant shares. In order to exercise the repentance it will be necessary for the company to pay the first twenty-fourth of the substitute tax by 31 March 2025 due for IRAP purposes (41.66 euros) and that the members, each for their respective share, instead pay the first twenty-fourth of the substitute tax due for the purposes of income taxes and related additional taxes (25 euros for each member) .
In conclusion, in order to complete the repentance in relation to the 2021 annuity, which will only take place with the payment of the last instalment, the company will be asked to pay, in its own name, twenty-four payment mandates. As far as the members are concerned, howevereach of the five, for the sole purpose of “forgiving” an annuity, will have to pay twenty-four payment delegations which, multiplied by the five members in the example, give precisely one hundred and twenty delegations. Just try to imagine what would happen if the company intended to opt for repentance on each of the five proposed annuities. The proxies to be presented in the event of installment payments would be one hundred and twenty for the company and six hundred for the relevant shareholders.
Now, in addition to the enormous amount of work that lies ahead for the “transparent” companies that intend to adhere to the special repentance, perhaps using the legitimate possibility of “long installments”, the choice to “offload” to the shareholders is not fully understood. the payment of income replacement. While it is true that they would indirectly benefit from this shield, the real subject who benefits from the positive effects of the special repentance would in any case be society.
That said, in light of this position taken by the Revenue Agency, it will be necessary to clarify some cases of uncertain interpretation: members could in fact make payments at different times. Some may regularly pay for the proposed installments while others may not. In this circumstance we ask ourselves what the implications will be in terms of the goodness of the repentance: will it be perfected only when everyone has finished paying, will the payment of at least one member be enough or will it be perfected only for those who have paid?
Furthermore, we must not forget all those transparent subjects who rushed to pay the F24 in the name of the company (using the tax code 4075) and who now, following the provisions just mentioned, will be forced to repay the amnesty in the name of the individual shareholders . Lastly, also a problem of no small importance, it remains to be understood whether members should use the tax code 4074 provided for natural persons rather than the 4075 provided for legal persons. Clarifications from the Revenue are therefore desirable.
Methods of communication and terms
The option to adopt the repentance is exercised solely by submitting the F24 form corresponding to the payment of the first or only installment of the substitute taxes by March 31, 2025.
The provision also provides that although the option can be exercised for a single year, the taxpayer will have to apply the amendment to both direct taxes and IRAP (only if the latter is not applicable, then it can be avoided). However, with respect to the completion of the institution, the same will be definitively achieved with the full payment of the substitute tax or through the payment of the last installment if an installment plan has been opted for. It is worth remembering that late payments other than the first installment will in any case be considered valid if made within the deadline for payment of the next instalment.
Reproduction reserved
