Green light to the ten-year distribution of the building credits countervailable in F24.

ArticoloThe sun 24 hoursGreen light to the ten-year distribution of the building credits countervailable in F24.

Since yesterday the assignees or suppliers who have acquired tax credits derived from the super bonus, the 75% deduction for the elimination of architectural barriers or the ordinary bonus earthquake, can opt for the breakdown in 10 years of the «residual share of each annual instalment» of these loans.

Since yesterday the assignees or suppliers who have acquired (through a credit transfer or a «discount on invoice», communicated to the Revenue Agency by 31 March 2023) tax credits derived from the super bonus, from the deduction of 75% for the elimination of architectural barriers or from the ordinary bonus earthquake, they can opt, through the function «Further installment» present in the «Credit Transfer Platform» of their reserved area of the Revenue Agency (Entratel or Fisconline), for the 10-year breakdown of the «remaining share of each annual instalment» of these credits, provided that it is an amount of the annual instalment that has not yet been used as compensation in F24. Also yesterday, then, the «Guide to the use of the Credit Transfer Platform» was updated and with the resolution of 2 May 2023, n. 19/E, the new tax codes were established that will be used for compensation, applying the new ten-year installment. New tax codes have also been established and are used to identify claims arising from the options for the first disposal or discount communicated to the Revenue from 1 April 2023.

Only from 3 July 2023 onwards, this option can be sent, through the same service, also by its own authorized intermediary, with “delegation to the consultation of the tax drawer of the holder of the claims”.

The option for the ten-year breakdown is not possible for the originally countervailable instalments in 2021 for the super bonus and of course for those countervailable before 2023 for the 75% deduction for the removal of architectural barriers, since the first instalment «original» for this bonus is only countervailable in 2023 and not before. But also for the ordinary bonus earthquake, the first installment «original» for which you can opt for the ten-year breakdown is that of 2023, despite this bonus is applicable for several years and there are 2022 installments that could be compensated.

The article 2 of the provision of the Revenues of 18 April 2023 n. 132123, in fact, has previewed that the option can be carried out only “for the residual quota of the installments of the reported credits”:

  1. the “2022 and following years, for claims arising from the communication of options for the first assignment or the invoice discount sent to the Revenue Agency until 31 October 2022, relating to interventions” facilitated with the super bonus (old tribute codes 7701, 7711 and 6921); in this case, for the new 10 annual instalments the tribute code 7771 will be used (resolution 2 May 2023, n. 19/E);
  2. the “years 2023 and following, for claims arising from communications sent to the Revenue Agency”:
  • “from 1 November 2022 to 31 March 2023, relating to interventions” facilitated with the super bonus (old toll codes 7708 and 7718); in this case, for the new 10 annual installments will be used, as before, the tribute code 7771;
  • “until 31 March 2023, relating to the interventions” facilitated with the deduction of 75% for the elimination of architectural barriers (old toll codes 7707 and 7717; new tribute code for the 10 annual installments 7773) and with the ordinary bonus earthquake (old tax codes 7703, 7713 and 6923; new tax code for the 10 annual instalments 7772) (Article 2 of the Revenue Act of 18 April 2023 No. 132123).

Only in F24, no carry-over and no refund

The option for the 10-year breakdown is irrevocable and once the «remaining share» of an «annual instalment» has been divided into 10 new annual instalments, «each new annual instalment resulting from the breakdown» can be “used exclusively as compensation” in F24 (“no need for acceptance or other formalities”, as clarified by the «Guide to the use of the Credit Transfer Platform» updated on 2 May 2023), “from 1 January to 31 December of the relevant reference year”, using the related new toll codes 7771, 7773 or 7772 (Resolution 2 May 2023, n. 19/E).

The new 10 “equal annual instalments” shall run «from the year following the reference year of the original instalment» (Article 2 of the Revenue Provision of 18 April 2023, No. 132123), therefore, the use in F24 of the 10 instalments starts only from the following year compared to that of the original installment. For example, for an original 2022 installment (for example, the first installment of 5 of the super bonus for expenses incurred in 2021), the new 10 annual instalments can be used in F24 only from 2023. For example, if two annuities have already been used for a credit, this extension allows in fact to reach a total of 12 years (see Il Sole 24 Ore of 19 April 2023).

As in the case of the original allocation of credits before the ten-year allocation option, even for the 10 new annual instalments, the “share of the tax credit not used in the year cannot be used in subsequent years or required for reimbursement”.

The new instalments of the tax credits resulting from the 10-year breakdown “cannot be transferred to other entities” or further allocated (Article 2 of the Revenue Order of 18 April 2023, n. 132123).

Luca De Stefani

In-deth analysis of Studio De Stefani in the article by Luca De Stefani on Il Sole 24 Ore of 03 may 2023