The rules for refusing credit already accepted
The Agency, with circular no. 33/2022, had already made available the form to be sent to request thecancellation of the acceptance of credits deriving from communications of first assignments or discounts on the invoice in the event of errors in compiling communications for the exercise of options relating to deductions due for building interventions. The document must be sent, via certified e-mail, to the Fiscal Services Operations Center in Venice.
The indications contained in the new circular concern, however, thecancellation of transfers subsequent to the first. The template can be used or by the transferee who accepted the credit but actually intended to refuse the transfer, both in the case in which both the transferor and the transfereeas mutually agreed, intend to cancel the communication of the credit transfer already sent.
Cancellation only with double signature
The Agency therefore indicates the way forward, in detail, keeping in mind that in both cases the communication must be signed by both the transferor and the transfereeand that the request can only refer to transfers of
credits subsequent to the first or subsequent to the discount on the invoice already accepted by the transferee.
To cancel the operation, therefore, both parties will have to request the “refusal” of the already accepted credit assignment from the Revenue Agencyusing the form attached to the circular, signed digitally or with handwritten signature by the declarants, which must be sent to the certified email address [email protected].
In the case of a handwritten signature, it must be attached copy of the identity document of the subscribers. Any requests already sent to the Revenue Agency with different methods, the circular specifies, must be sent again according to these indications.
Traceable and non-traceable credits
With regard to the operations already communicated, the Agency recalls the difference between “traceable” and “untraceable” credits. The credits traceable are the credits deriving from the first sales and from the discounts on the invoice communicated to the Revenue starting May 1, 2022. Based on the relevant rules, the credits deriving from the exercise of the options (first assignment or discount on the invoice) cannot be the subject of partial assignments after the first communication of the option to the Revenue Agency (article 121, paragraph 1-quater, of Legislative Decree no. 34/2020).
To this end, the credit is assigned a “unique identification code” to be indicated in communications of any subsequent assignments. These provisions apply to communications of the first transfer or invoice discount sent to the Revenue Agency starting from 1 May 2022, except for communications sent from 9 to 13 May 2022 in relation to 2020 and 2021 expenses (resolution no. 21/E of 5 May 2022), which remain not traceable.
The refusal installment by installment
Therefore, the Agency specifies whether the assignment refers to credits traceablethe refusal communication can take place for each credit instalmentprovided that the installment in question has not been further transferred or has not been the subject of an option for use in compensation via the F24 form.
In this second case it is still possible revoke the option to use credit via form F24 through the specific function of the Platform, accessible from the reserved area of the Revenue Agency website.
However, if the assignment refers to credits not traceablethe transferee must have sufficient remaining credit for the type indicated and the related annuity, as its ceiling will be reduced by the corresponding amount.
The credit becomes available again for the transferor
The refusal removes effects of the erroneous acceptance of the credit or assignment that it was agreed to refuse. In both cases, to the successful outcome of the operation, the credits will return to the availability of the transferorfor the purposes of any further transfer or use in compensation via the F24 form, if still within the terms of the law.
Once the technical operation of refusing the transfer has been carried out, the interested parties will be notified, who will be able to do so anyway consult the updated status of the transfer on the Platform.
Communication of unusable credits
If, however, the transferee intends to communicate the non-usability of the credit he currently holds (article 25 paragraph 1, of legislative decree no. 104/2023), must use the specific functionality in the “Credit Transfer Platform” for credits that cannot be used due to an event other than the expiry of the terms.
The use of this last procedure, unlike the operational solution for the other hypotheses described, determines the removal of the credit from the transferee's availability and does not entail the return of the same to the transferor.
