November 29, 2022

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This is what leads to taxation

bases on credit assignment to Construction Bonuses (Hence also and above all for Super Bonus 110%) thus the Revenue Agency also recalibrates i Regulations. What triggers the evaluation Explained in Circular Letter No. No. 33, published by the Financial Department last October 6.

The practice document explains the innovations introduced by aid and assistance decisions. Special focus on solid responsibility For the supplier, with the aim of punishing those who did not act in accordance with the law, on the one hand, on the other hand, lifted the ban on assignment of credit.

With the new rules, the joint and several liability of the supplier who applied the discount to the invoice and the credit assignee, in case of consent to the breach, is limited only to cases grudge And the gross negligence. The investigations carried out by the supervisory authorities depend on Due diligence assessments.

Revenue Agency Checks Credit Allocations: This Is What Leads to Tax Assessments

Indicators guide the revenue agency’s activities in Evaluate the presence or absence of due diligence. In particular, the indicators associated with objective and subjective profiles are instructions of an illustrative nature addressed to the supervisory bodies of financial management: the goal is to make the investigation activities carried out throughout the national territory homogeneous and transparent.

Indications are related to:

  • lack of documentation or apparent discrepancy with regard to the documentary evidence produced;
  • Inconsistency in income and heritage between the value and subject matter of the purported business to be performed and the characteristics of the franchisees concerned;
  • disproportion between the amount of the receivables sold and the value of the real estate unit;
  • Inconsistency between the value of the allotted credit and the financial and financial profile of the assignor of the credit if not the first beneficiary of the discount;
  • Anomalies in the applicable economic conditions when assigning credits;
  • Not doing the work.
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In the case of checks, the transferee may also invoke elements other than those indicated in the indications but still valid for the purpose of proving the existence of the diligence required by law. there Circular no. 33 From the Revenue Agency determines, however, that the use of these indicators is less important in the event that the business has already carried out the amounts reported.

Circular No. 33 Revenue Agency – October 6, 20212
Changes made by the decree “Aiuti-bis” to the discipline of the option of transfer or deduction in place of tax deductions referred to in Article 121 of the Decree-Law of May 19, 2020, n. 34, clarifications regarding the settlement of errors in reference to the data in the communication to exercise the option.

Moreover, the practice document emphasizes the following:

“The knowledge of economic operators of the critical features on which the attention of the financial management will be focused during the investigation phase, far from being excessive compared to the activities required by law of the same operators, responds to the principle of transparency towards the latter, allowing them to understand the elements that can be useful for the purposes of any control activity. “.

Super Reward and Credit Transfer: Revenue Agency Controls Are Increasing

The relevant circular continues to go into the details of some of the indexes. For example, regarding income conflict, financial capabilities take a link:

  • In the hands of the customer, if the tax exemption does not cover the full amount of work performed, as a result part of the consideration due to the supplier will still be borne by the customer financially. In this case, it will be necessary to verify that the customer, when ceding the credit to a transferee other than the supplier, has income and financial capacity disproportionate to payment for work not covered by tax benefits. In the case of condominiums (clients), verification of income and financial capacity may be considered satisfied with proof of successful implementation of the relocation by the condominium;
  • In the hands of the transferee of the tax credit, who will have to obtain the documents to prove that his direct transferor, even if the supplier, has the potential income and the financial ability to support the purchase price of the credit at least the tax, in addition to payment.
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As for the index Disproportion between the amount of the receivables sold and the value of the real estate unitThe agency specifies that the latter is conditional on the type and location of the property.

Balance Transfer for Construction Bonuses: Do Account Holders Have to Return Checks?

The circular also comments on the changes made to the transfer of assistance decree on the possibility of banks Assigning credits to account holders, other than consumers or users, without prejudice to the prohibition of the account holder to allocate credit for further transfers. Revenue Director Ruffini, said in an interview with The only 24Orewhich – which “It is not necessary to repeat the entire investigation from scratch, since, moreover, in this case, it was carried out by a person qualified as a banker. In these cases, it is sufficient for the institution to hand over to the account holder the documents obtained during the investigation of its purchase, which are suitable to prove User diligence.