Reduced efficacy
But the dangerous code, which greatly weakens the modification, is in the end: “The transferor is in any case jointly and severally liable for the recovery of the amount referred to in paragraph 5, without prejudice to any further joint and several liability of another person, pursuant to paragraph 6 “; the paragraphs cited are those of article 121 of Legislative Decree 34/2020. And they imply that whoever carries out the fourth assignment will be jointly and severally liable with the holder of the deduction, in the event of revenue checks on the requirements that give entitlement to the bonus.
Therefore, it is a question of a multi-path responsibility that makes it really difficult for those who transfer the credit on a fourth assignment to acquire the necessary guarantees to avoid risks. Precisely for this reason, on April 8 there were several signs of great perplexity about the effectiveness of the change.
Poor convenience
This arrangement, in fact, makes the sale operation not very convenient for the banks, because it dramatically increases their potential liabilities, forcing the institutions to answer for any possible objection made to the holder of the deduction. Almost no one will easily decide to take advantage of the opportunity. “Probably – explains Antonio Piciocchi of Deloitte – we wanted to clarify that the” final transferee “who buys from supervised entities is exempt from liability, but this objective could be achieved by eliminating the period that provides for joint and several liability or by specifying that the final transferee is exempted from putting in place checks on the credit purchased “.
The extension for businesses
The same amendment approved by the committees together contains an extension of the deadline (which has been postponed from 29 April to 15 October 2022) for the communication to the Inland Revenue of the option to transfer the credit or discount on the invoice for IRES subjects and VAT numbers, required to submit the tax return by 30 November 2022.
In essence, this is a shift that will allow, above all, companies that have guaranteed discounts on invoices to their customers to save time, avoiding liquidity problems. Private individuals, on the other hand, will still have to hurry up and close by April 29th. No further shifts of the terms are foreseen for them.
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