The main innovations introduced by the Budget Law in terms of incentives for businesses include: (i) the limitation of the use of the tax credit for investments 4.0 and the simplification and strengthening of the Transition bonus 5.0; (ii) the introduction of the reduced IRES for the year 2025; (iii) confirmation for 2025 of the tax credit for investments in the single ZES, also for companies operating in the agricultural, fishing and aquaculture sectors; (iv) recognition of a capital contribution for entities that have joined the procedure for repaying the tax credit for investments in research and development activities (so-called "fiscal amnesty"); (v) extension, until 2027, of the tax credit for the listing of SMEs; (vi) refinancing of the "Nuova Sabatini", (vii) the extension of the super-deduction for new facilitated hirings and (viii) extension of the sports bonus. Below we offer a brief insight into these innovations.
Category: Newsalert
Tax insight: Italian penalty protection regime for hybrid mismatches
On December 6, 2024, the Italian Government approved the Decree implementing the penalty protection regime for hybrid mismatch arrangements based on anti-hybrid documentation as set forth by Decree no. 209 published in December 2023.
The abuse of rights in customs origin – Harley-Davidson EU Court sentence
The Court of Justice rejected the appeal filed by Harley-Davidson Europe Ltd and Neovia Logistics Services International NV against the European Commission's decision, which had requested the Belgian customs authorities to revoke the binding origin information that confirmed the Thai origin for certain motorcycles produced in Thailand by Harley-Davidson and intended for the EU market.
Secondment of staff – taxable for VAT from 01/01/2025
Secondment of staff – taxable for VAT purposes from January 1, 2025.
The new European Directive introduces presumed subordination in digital platforms
On November 11, 2024, the Directive (EU) 2024/2831 of the European Parliament and the Council of October 23, 2024, concerning the improvement of working conditions in work through digital platforms was published in the Official Journal of the European Union.
Temporary work: new interpretation of Directive 2008/104/CE
In sentence C-441/2023 of October 24, 2024, the European Court of Justice decided on the definitions contained in Directive 2008/104/EU (hereinafter, referred to as the “Directive”) and extended the application of the Directive to cases of temporary work supplied by companies not formally recognized as work agencies.
Christmas Bonus €100 – operational instructions from Italian Tax Authority published
Christmas net Bonus, a net bonus of €100 for employed workers in 2024 whose total income does not exceed €28,000 and who meet certain family conditions.
European Accessibility Act: new rules on accessibility soon applicable in Italy
The European Accessibility Act (Directive (EU) 2019/882, “EAA”) aims at reducing access barriers to products and services available in the European Union market, strengthening the rights of differently-abled persons and promoting their social inclusion.
The supplementary return to extend deadlines for VAT deduction
In its judgment of 12 September 2024 in Case C-429/23, the Court of Justice of the European Union (hereinafter also the ‘CJEU’) stated that the right to deduct VAT accounted on purchases must be exercised within the time limits laid down by the relevant national legislation, and that submitting a supplementary VAT return after these deadlines does not allow the VAT deduction of the VAT not deducted on time.
Law Principle no. 3/2024 – Clarification of ‘platform’ and ‘vendor’ under the DAC 7
On October 3, 2024, the Italian tax authorities published Law Principle no. 3/2024 in order to clarify the perimeter of application of the concepts of ‘platform’ and ‘vendor’ referred to in Legislative Decree no. 32/2023, which implemented Directive no. 514/2021 (the so-called ‘DAC7’) in Italy.
