Reopening deadline for A two-year restraining orderand completely exempts VAT holders who have opted for it. Flat rate system. In other words, this means that the new deadline set for December 12, 2024 is limited in scope and includes only Articles that apply to Isas..
The bad news for those who have opted for the flat rate system does not end here: with Provision AEN, 403886The revenue agency has closed the door on implementing special amnesties, with amnesties strictly tied to a two-year restraint agreement.
But let’s go into detail and try to understand what are the new features introduced by Legislative Decree No. 167/2024 Published in the official gazette of November 14, 2024, reopening the doors of measurement.
Two-year preemption agreement, nothing will be done for flat rate.
Terms of Joining Agree on a two-year budget They were only partially reopened. It is not clear at this time what led the government to make this decision: in all likelihood membership percentage figures, which are not officially released, guided the selection.
Let’s remember that Phase 2 Binding to a two-year prevention agreement would allow access to measurement through a. Supplementary Tax Return. An opportunity that will be offered exclusively to VAT holders. Isas apply.. This aspect was already revealed in the press release which was issued last November 12, 2024 near the Council of Ministers. And the confirmation of which Legislative Decree No. 167which was published in the official gazette on November 14, 2024.
Want to go into a little more detail,Article 1 Specifies that the new window will only apply to it. Articles 10 to 22 of Legislative Decree No. 13 of 12 February 2024: Recipients identified in these articles are VAT number holders subject to artificial credit indicators.
It means, in other words, that it More flat rates are not guaranteed.. Taxpayers who benefit from the flat tax, if they have not signed a biennial composition with creditors by October 31, cannot change their mind and join it until December 12.
A perplexing decision
The complete omission of the flat rate from Phase 2 of the two-year precautionary agreement is a bit disconcerting. Also for the route Maurizio LeoThe Deputy Minister of Economy praised the move, which is understood to:
An important test of listening from the government, which, after discussions with categories and professionals, has decided to further expand the possibilities of implementing a measure that is appreciable and convenient for all: State and citizen.
Professionals. Those who requested an extension of the deadline to be able to enter into a two-year composition with creditors, intended to Include all contributions in the interim.. Not only Jesus subjects, but all subjects are potentially affected by measurement. This is a requirement that was expressed across the board and unanimously, considering the various changes made in the move and the late clarifications from the revenue agency, which made it very complicated to understand. Whether it was a good idea to join. or less.
Advantages and disadvantages of membership
Arriving a bit late, the rule that reopens the terms for implementing the two-year moratorium allows us, once again, to reassess, Potential membership pros and cons. Phase 2 mainly serves the government to maximize the number of memberships and the resulting revenue to the state.
In any case, it is not only the flat rates that have been completely abandoned by the re-opening of terms, for which membership may be more beneficial as it was introduced experimentally for a year and which Unexpected risk factors for business trends in 2025. It also omits the subjects of Jesus. Have not submitted your tax return till 31st October. But not only this: the supplementary return should not include lower taxable amount or lower tax debt than the return submitted on 31 October 2024.
gave Supplementary statement It should only be in favor of the revenue agency: only an increase in the already declared revenue would be possible. Or go and reduce the credit due.
Special offer, flat rates are excluded.
Flat rates don’t seem to be the only exception. Phase 2 of the two-year restraint agreement. Rather than Special repentanceif they join the initiative by October 31, 2024.
Il AE Provision n. 403886 Signed by the Revenue Agency on November 4, 2024, in effect, limited the scope of application of the special amendment. Only articles that:
- Isas apply. or declared one of the reasons for the exclusion from the application of ISAs related to the spread of Covid-19 introduced with the implementing provisions of Article 148 of Legislative Decree no. 34/2020, amended by Law No. 77/2020;
- has announced Existence of one of the conditions for abnormal performance of the activity Article 9-bis, paragraph 6, letter a) according to Legislative Decree no. 50/2017 changed to Law No. 96/2017
In other words, this means that self-employed workers and freelancers who are running their business under the flat rate system and who were subject to the ISA should be considered excluded from the special provision. In the tax periods between 2018 and 2022.
Special repentance is not applied regardless of the fact that these subjects have joined the biennial composition with the debtors before the end of the classic period.
In summary
The deadline for implementing a biennial composition with creditors has been extended to December 12, 2024. In any case, lump sums are excluded from the so-called phase 2 and they cannot even follow the special amendment if they have respected the initial deadline. of measurement.
