Special amnesty for the years 2018-2022 (amnesty)

Studio Genise

Article 2-quater of Law 7/10/2024 n. 143 – which converted Legislative Decree 113/2024 – allows entities that:

  • they have applied the synthetic indicators of tax compliance (ISA);

  • and who adhere to the two-year pre-bankruptcy agreement (CPB) by October 31, 2024.

to adopt a form of "special repentance" which, due to its characteristics, has been likened by many to a kind of "amnesty" or "sanitation".

WHAT DOES IT CONSIST OF

Adhering to the "tax amnesty" allows, with reference to the tax years from 2018 to 2022, to obtain exclusion from any assessments – but not all types – on additional business or self-employed income that may be carried out by the Tax Administration in exchange for the payment of a substitute tax for income taxes and related surtaxes, as well as IRAP, to be paid by 31/03/2025 in a single payment or in a maximum of 24 monthly installments. Adherence to the scheme is completed with the payment of the entire amount due.

DETERMINATION OF THE SUBSTITUTE TAX

The substitute tax is calculated as follows:

  • regarding income taxes and related surtaxes, based on the ISA scores achieved by the taxpayer each year (with a minimum of €1,000 per year);

  • Regarding IRAP, it should be calculated at the standard rate of 3.9% on the higher taxable base determined.

CAUSES OF DEATH

Access to the institution in question is not possible in the presence of official reports of findings, draft assessment notices, and debt recovery actions for non-existent debts.

CAUSES OF DECLINE

The effects of the amnesty are revoked:

  • in the event of forfeiture of the two-year preliminary arrangement;

  • in the presence of a precautionary measure for tax offenses in the periods 2018-2022;

  • tax offenses, false corporate communications, money laundering.

CONSIDERATIONS

The institution in question does not offer "comprehensive coverage" as it might seem at first glance, because:

  • the investigation activity is limited but not excluded,

  • for VAT purposes, it is irrelevant.

  • extension of the assessment deadlines for adhering parties.

Back to blog