Art. 1 of Decree-Law No. 167 of 14/11/2024 provided for the reopening of the terms to adhere to the Biennial Preventive Arrangement for all ISA subjects (therefore, it does not concern flat-rate subjects and ISA-excluded subjects, including those with revenues equal to or greater than €5,164,569 in 2023), who filed their tax returns by the deadline of 31/10/2024 and who, despite being eligible, did not adhere to the CPB.
The new deadline for joining is 12.12.2024 and, for access to the new institute, it is necessary that the supplementary declaration to be submitted does not reduce the taxable income or the tax liability, nor does it increase the credit with respect to the original declaration.
WHAT IS THE TWO-YEAR COMPOSITION AGREEMENT
As communicated in previous circulars on the subject, the CPB is a proposal formulated by the Revenue Agency to define in advance and on a lump-sum basis taxes for the years 2024-2025, regardless of actual income earned.
With the aforementioned reopening of the deadlines, taxpayers required to apply ISAs for which the conditions for refusal set out in the CPB decree are not met will be allowed to join the CPB 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 carried out mergers, demergers, contributions or changes to the shareholding structure (excluding the division of shares only);
- did not file their 2023 tax return by the deadline of 31.10.2024.
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.
TAX SHIELD FOR THE YEARS 2018-2022
When Decree-Law 113/2024 (Omnibus Decree) was converted into law on 9 October 2024, the possibility was also introduced of to define and regularise, on a facilitated basis, undeclared income for tax periods between 2018 and 2022 by ISA subjects joining the CPB for 2024-2025, by paying a substitute tax on income tax, related surcharges and IRAP on the higher income, determined on the basis of their ISA score (for further details, see the circular of 16.10.2024).
I would like to point out to everyone, however, that the adhesion to the Biennial Preventive Arrangement for ISA subjects entails the extension to 31.12.2025 of the deadlines for tax assessments that would have expired on 31.12.2024; furthermore, for ISA subjects who also adhere to the special amnesty for one or more years between 2018 and 2021, the deadlines for assessments would all be extended to 31.12.2027.
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.