“Decreto Energia” – Obligation of the memorization and transmission of considerations’ data – Application of the voluntary settlement procedure for the violations already noted by the Italian Tax Authorities until October 31, 2023

Edited by Alessia Lippi, Annarita Terrone and Angelo Fiorella

On September 29, 2023, the Law Decree n. 131/2023 (so-called “Decreto Energia”) was published on the Italian Official Journal.

The article 4 of said Law Decree provides a special regularization procedure for taxpayers who have committed one or more violations, with regard to the obligations concerning the memorization and transmission of considerations’ data, occurred in the period between January 1, 2022 and June 30, 2023.

This kind of regularization could be carried out within December 15, 2023, through the application of the voluntary settlement procedure.

The particularity of said provision lies in the fact that the procedure of regularization through the application of the voluntary settlement procedure will be feasible also in the case of violations that have already been verified by the Italian Tax Authorities by October 31, 2023.

Conversely, the procedure cannot be applied if the violation occurred was already contested by the Italian Tax Authorities within the date provided as deadline to finalize the voluntary settlement procedure (i.e. December 15, 2023).

The above was also confirmed by the Official Press Release of the Italian Tax Authorities on October 3, 2023.

Moreover, the second paragraph of the above-mentioned article provides that the violations regularized through the voluntary settlement procedure do not count for the application of the accessory penalty according to art. 12, para. n. 2 of Law Decree n. 471/1997 (i.e. the violation regularized through this specific procedure does not count in the four separate violations that conduct to the suspension of the license or authorization to carry out the activity).

In addition, in order to encourage the fulfillment of tax obligations and the execution of voluntary regularization procedures, with the Act n. 352652/2023 dated October 3, 2023, the Italian Tax Authorities provided the indication of the data that will be placed at the disposal of the taxpayers.

Said information will be provided to the taxpayers in order to allow an evaluation with regard to the correctness of the shared data.

Through this process, taxpayers may regularize errors and/or omissions eventually occurred or to provide, if necessary, elements, facts and circumstances to justify the anomalies found, with a perspective of full cooperation with the Italian Tax Authorities.

For a deeper discussion, please contact:

Alessia Lippi

PwC TLS Avvocati e Commercialisti