Isa and flat-rate regime: the Revenue Agency’s instructions for preventive settlement

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Emma Potter

On September 17, 2024, the Revenue Agency published Circular No. 18. This document explains the rules of the Biennial Preventive Agreement (CPB)a system designed to simplify taxpayers’ tax obligations.

The CPB concerns those who follow the Synthetic Reliability Indices (ISA) or the flat-rate schemeThe measure allows to set in advance the income to be declared for the two-year period 2024-2025.

But what advantages does it offer and what conditions are needed to join?

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Conditions for joining the two-year preventive agreement

In order to join the Biennial Preventive Agreement (CPB)taxpayers must meet specific conditions, aimed at ensuring tax and contribution regularity. First of all, it is necessary have no tax debts with the Revenue Agency or contributory, referring to the year preceding the one for which you intend to join.

In case of debts exceeding 5,000 eurosthese must be paid off before the deadline for joining the CPB.

Another fundamental condition is the regularity of the declaration: membership is precluded to taxpayers who they did not file their tax return for one of the previous three years, even though they were obliged to do so.

Finally, those who have been convicted of tax or financial crimes, including those provided for by the legislative decree n. 74/2000from Article 2621 of the Civil Code (falsehood in corporate communications) and from the crimes of money laundering and reinvestment, as established by Articles 648-bis, 648-ter and 648-ter.1 of the Criminal Code.

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Benefits for taxpayers who join the CPB

Membership in the Biennial Preventive Agreement offers several advantages to taxpayers. First of all, by accepting the proposal of the Revenue Agency, you get certainty about the amount of taxes due for the reference period, eliminating the risk of subsequent tax assessments by the Agency.

This is particularly relevant for taxpayers applying the regime Isawho will be able to benefit from a specific reward scheme, which rewards those who demonstrate fiscal reliability.

Another important advantage is the peace of mind for the taxpayer: for the year 2024, in the case of flat-rate taxpayers, and for the two-year period 2024-2025, for ISA subjects, there will be no tax audits additional pursuant to Article 39 of Presidential Decree no. 600/73.

However, it is important to underline that joining the CPB It has no effect on VATfor which the usual obligations and controls remain in force.

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Membership terms and conditions

Membership in the Biennial Preventive Agreement provides for different methods depending on the category of taxpayers. flat rate taxpayers can join by filling out the LM framework of the “RedditiOnline” model or using the pre-filled tax return application made available by the Revenue Agency.

In this way, they can define the 2024 income and evaluate whether to accept the proposal of the Financial Administration.

For the taxpayers who apply the Synthetic Reliability Indices (ISA)the Agency has made available a specific software called “Your ISA 2024 CPB”accessible on the website of the Revenue Agency. This tool allows you to calculate your synthetic reliability index and check whether to accept the proposal of the Biennial Preventive Concordat.

In both cases, the deadline to join for the current year is set for October 31, 2024. This deadline is the last date to evaluate the option and send the necessary documentation.

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Clarifications from the Revenue Agency

In the final part of Circular No. 18, the Revenue Agency responds to a series of questions raised by the press and trade organizations. An important clarification concerns taxpayers who have already filed the return for the 2023 tax period without accepting the proposal of the Biennial Preventive Agreement: it is still possible to join the CPB by submitting a corrective statement by October 31, 2024.

Furthermore, for taxpayers who carry out more activities subject to the Synthetic Reliability Indices (ISA)the Agency has specified that they will be formulated two separate proposals for a settlementone for each activity.

The taxpayer may choose to adhere to both proposals jointly or to just one of them.