I am a member of a pharmacy set up in the form of an LLC. In agreement with the other partner, we as a company signed up to the two-year composition with creditors but the proximity of the October 31st deadline did not make us reflect on a very important detail not even taken into consideration by our accountant.
That is, it was not taken into account that the company had a prior loss from 2022 still to be used.
So I ask you: can we continue to benefit from this loss in 2024 and/or 2025, i.e. in the two-year period of the agreement, or has the Agreement now blocked the business income?
According to the provisions of the art. 16 of Legislative Decree no. 13/2024, following and as a result of adhering to the biennial composition with creditors [CPB], the default income can be reduced by any tax losses incurredaccording to the provisions of the art. 8 of Presidential Decree 917/1986.
In essence, previous losses – for their entire amount – they can be calculated as a reduction from the business income of the periods following the one in which they were made and however with the “ceiling” represented by the amount equal to 80% of the income itself [l’eventuale ammontare non scomputato, perché eccedente il “tetto”, potrà essere “recuperato” negli esercizi successivi].
In light of the foregoing, therefore, a tax loss suffered by the taxpayer – as in the case you describe – in the 2022 tax year can be calculated as a reduction of the agreed income for the 2024 tax period.
However, it is necessary to specify that in any case the income is subject to taxation [oggetto di CPB] it cannot be less than 2,000 euros, so where the agreed income – due to the deduction of the loss – was less than 2,000 euros the taxpayer will in any case be required to tax a minimum amount not lower than this threshold.
In short, the income on which taxes are calculated, in the case of joining the CPB, can never be less than 2,000 euros.
(andrea raimondo)
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