The management of construction credits resulting from interventions renovationin the case of extraordinary operations such as company splits or incorporations, may raise doubts about the correct tax procedure to be adopted.
Thanks to the principle of law n. 4/2024 of the Revenue Agency, the relevant legislation has been clarified, establishing that these credits can be used directly in compensation via the F24 form, without the need for prior communications to the Financial Administration.
How does this mechanism work and what are the operational details to consider?
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Direct compensation without prior communication
Principle of law no. 4/2024 establishes that no further formalization is required for the transfer of tax items, including construction credits, in the event of extraordinary operations such as splits or incorporations. This means that the credits transferred to the tax drawer of the original company can be directly used by the beneficiary or incorporating company.
Simplification allows you to avoid additional administrative steps, reducing time and bureaucratic burdens. This solution guarantees continuity in the management of tax credits, facilitating corporate operations.
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Operational instructions for completing the F24 form
To use construction credits in compensation through the F24 form, the Revenue Agency has provided precise instructions regarding the completion of the fields. Below are the details to follow:
- “Taxpayer” section:
- In the field “Tax ID code” (first tax code) the tax code of the beneficiary or incorporating company, or the one that uses the credit in compensation, must be indicated.
- In the field “Tax code of the co-debtor, heir, parent, guardian or bankruptcy trustee” (second tax code), the tax code of the original company (split or incorporated) that transferred the credit must be entered.
- Identification code:
- Together with the second tax code, the identification code must be indicated “62”which represents the “Subject other than the credit user”.
- Unified payment delegation list:
- The construction credits in question must be offset using a separate payment delegation, separate from any other credits available to the beneficiary or incorporating company.
This procedure guarantees the correct attribution of credits and the traceability of operations, ensuring compliance with tax regulations.
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Practical implications of the procedure and final considerations
The possibility of using construction credits deriving from renovation interventions in direct compensation via the F24 form, without further communications to the financial administration, represents an important simplification for companies involved in extraordinary operations. This approach significantly reduces administrative burdens and accelerates access to tax benefits, promoting business continuity.
However, it is essential to fill out the F24 form accurately, respecting the instructions of the Revenue Agency, to avoid disputes or misunderstandings. The beneficiary or incorporating companies must also maintain precise documentation to demonstrate the legitimacy of the credit and the correct transfer in case of any checks.
This procedure offers greater flexibility to businesses, but requires attention to operational details to fully exploit its benefits.
