Articles 6 to 37 of Legislative Decree No. 13 of 12 February 2024, as amended by Legislative Decree No. 108 of 5 August 2024, provided for the possibility for ISAs and forfeit taxpayers (for the latter, initially only for the tax period 2024) to access the Biennial Preventive Arrangement (CPB) by 31 October 2024.
On this issue, the Italian Revenue Agency published Circular No. 18/E of 25 September 2024, which provides further clarifications on the application of the CPB, in particular with regard to the operating procedures, eligible parties and the tax benefits provided.
The Biennial Preventive Arrangement is a proposal made by the Inland Revenue Agency to define in advance and on a lump-sum basis taxes for the two-year period 2024-2025 (for flat-rate taxpayers, only for 2024), regardless of actual income earned.
Access to the CPB is permitted for taxpayers required to apply ISAs or who apply the flat-rate scheme for which the conditions for refusal set out in the CPB decree are not fulfilled and, in particular, taxpayers who
- have definitively assessed tax and social security debts totalling more than EUR 5,000.00 as at 31.12.2023, unless they have been brought below this threshold or paid in instalments before accession;
- have not filed a tax return for at least one of the three tax periods preceding those in which the arrangement applies, where there is an obligation to do so;
- have received convictions for offences under Legislative Decree No. 74/2000, Article 2621 of the Civil Code, as well as Articles 648-bis, 648-ter and 648-ter 1 of the Criminal Code (false accounting, false corporate communications, money laundering/self laundering, plea bargaining with two years' imprisonment), committed in the last three tax periods prior to those of application of the arrangement;
- have earned exempt, excluded or non-competing income in excess of 40 per cent of their income from business, art or profession;
- in 2024 have joined the flat-rate scheme or, in the case of entities or companies, have carried out mergers, demergers, contributions or changes to the shareholding structure (excluding only the division of shares).
With respect to ISA parties who have entered into the arrangement, any assessment activity for tax periods subject to CPB does not assume analytical-inductive reconstructions.
While remaining at your disposal for any doubts or requests for clarification, we would like to take this opportunity to extend our best regards to all.