The Revenue Agency defines model and instructions for the presentation of the self-declaration
Prepared by PwC TLS Incentives Team
On 27 April 2022, the Italian Revenue Agency published the provision no. 143438 defining the terms and conditions for the presentation and the content of the self-declaration in lieu of affidavit in order to verify compliance with the limits and conditions set out in Sections 3.1 and 3.12 of the Temporary Framework (“TF”) in relation to State Aid obtained up to 31/12/2021, as well as the terms and conditions for the voluntary repayment of such State Aids in the event that the maximum limits provided have been exceeded.
The substitute declaration must be sent electronically directly by the beneficiary or through an intermediary from 28 April until 30 June 2022 and must be submitted by all operators who are beneficiaries of incentives/aids falling under the “umbrella” scheme, as listed in art. 1, c. 13, Decree-Law no. 41/2021 (e.g. tax credit for rents, tax credit for adapting workplaces, provisions on the payment of IRAP, etc.) or in any case by those who have benefited from aids under the TF scheme (es. mid-size companies capital strengthening measure; tax credit for inventories; Simest measures pertaining to Fondo 394/81, etc.).
The submission is not mandatory for those who have already submitted a substitute declaration at the time they made the communication/application for access to the aid for which the model provided for a self-declaration, e.g. the recognition of the equalisation grant, unless they have subsequently received other aid under the TF regime.
Esistono inoltre disposizioni specifiche per i soggetti che hanno usufruito della definizione agevolata delle somme contenute negli avvisi bonari.
Specific rules exist for taxpayers that benefited from the facilitated definition of the amounts contained in the reminder notices.
The declaration must in any case be submitted when the beneficiary
- has benefited from the aid recognised for IMU purposes without having filled in box C in the previous substitute declaration
- has exceeded the maximum amounts due and must repay the aid in excess of the maximum amounts provided for;
- has made use of the possibility of “allocating” the same measure partly in Section 3.12 and partly in Section 3.1.
The declaration has to be submitted directly to the Revenue Agency through the web service available in the reserved area of the website of the Revenue Agency or through the telematic channels of the same Agency and within 5 days from the presentation of the declaration a receipt is issued which certifies the successful acceptance or the rejection adequately motivated.
It should be noted that the purpose of the declaration in lieu of affidavit is the compliance of the declarant with the limits set out in Sections 3.1 and 3.12 of the Temporary Framework. For aids for which the declarant intends to benefit from the limits set out in Section 3.12 of the Temporary Framework, the purpose of the declaration in lieu of affidavit will also be to verify compliance with the conditions set out in Section 3.12 of the Temporary Framework scheme.
In order to determine whether the limits are met, it is necessary to consider both the tax measures listed in Section I but also all other relief measures that refer to Sections 3.1 and 3.12 of the TF, other than those expressly listed in Section I (e.g. tax credit for inventories) for which Section II “Other Aid” should be completed, e.g. tax credit for inventories.
Another important aspect for the calculation is the definition of the reference period in which the aid is deemed to have been obtained and which is relevant for the purposes of assessing compliance with the limit depending on the reference period and the relevant limit in force (i.e., for section 3.1 equal to €800,000 until 27 January 2021 raised to €1,800,000 until 31 December 2021) provided for by Sections 3.1 and 3.12 are cumulative. By the end of 2021 the overall limit was set to €11.8 million. If the limit is exceeded, it is necessary to indicate both the surplus and the way in which repayment is envisaged, either voluntarily or by subtraction from the subsequent aid received for which there is capacity.
All amounts include interest on recovery and if the beneficiary does not receive the amount at a later date, it must be repaid with F24; in any case, compensation is excluded.
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