Starting from September 1, 2024, important changes will come into force to the sanctions legislation related to fraud on building bonuses and omitted or delayed payments.
These changes, introduced by the Sanctions Decree and by the implementing decree of the tax reform (Legislative Decree no. 87/2024), aim to reduce sanctions for certain tax violations, promoting greater clarity and simplification.
But what exactly do these new rules mean for taxpayers and professionals in the sector?
Let’s see in detail.
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Reduction of penalties on “undue” and “non-existent” tax credits
One of the most relevant aspects of the new Sanctions Decree is the reduction of sanctions for the use of tax credits linked to building bonuses, considered “not due” or “non-existent“.
Previously, penalties ranged from 30% to 200% of the offset amount, depending on the type of credit. With the new regulation, penalties have been significantly reduced: “non-due” credits are now subject to a penalty of 25%, while “non-existent” credits are punished with a penalty of 70%.
This reduction represents a relief of consequences for taxpayers who, intentionally or by mistake, have used tax credits incorrectly.
However, in the case of non-existent credits based on fraudulent representations, the penalty can be increased by half and up to double (140%).
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New definitions of “non-existent” and “undue” credits
The decree also introduced important changes to the definitions of “non-existent” and “not due” credits. Previously, “non-existent” credits were those that did not meet the legal requirements and whose irregularity could not be detected through automated checks.
Now, the second requirement has been eliminated, expanding the category of credits that can be considered “non-existent.”
As for “non-entitled” credits, this category now includes those based on real facts but lacking specific elements or particular qualities required, as well as those used in violation of the methods of use provided for by current laws or used to a greater extent than expected. This change also includes credits used incorrectly, often due to calculation errors.
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Reduced penalties for omitted or late tax payments
The implementing decree of the tax reform has also introduced changes to the sanctions for omitted or delayed tax payments. From 1 September 2024, the basic sanction for these violations goes from 30% to 25% of the unpaid amount. This reduction also applies to cases in which, following checks, a higher tax due or a lower deductible surplus emerges.
In addition, a further reduction of the penalty to 12.5% is foreseen for payments made with a delay of no more than 90 days. If the delay is less than 15 days, the penalty of 12.5% is further reduced to an amount equal to one fifteenth for each day of delay (0.83% for each day up to the fourteenth day).
These changes introduce greater flexibility and reward taxpayers who, even if late, regularize their position within reasonable timeframes.
Another new development concerns the application of a fixed penalty of 250 euros for failure to comply with certain minor administrative obligations related to the use of tax credits. This penalty is applicable only if:
- The obligations are not foreseen under penalty of forfeiture.
- The violation is remedied by filing the annual tax return for the year of the violation or, in the absence of a return, within one year of the commission of the violation.
This measure represents a simplification, avoiding more serious sanctions for formal violations, provided that they are promptly corrected.
