The deadline set by the Revenue Agency for the remission in goods by IRPEF, IRES subjects and VAT number holders, of late communication of the options provided
fromart. 121 and 119 from relaunch decree.
Communications transfer of credit: watch out for the November 30 deadline
tax circular of 6 October 2022, n. 33/E with which taxpayers will be able to communicate the options relating to the expenses incurred in 2021 or to the residual installments of 2020 until 30 November 2022.
The late communication refers to the original deadlines corresponding to:
- April 29, 2022 by and private entitiesdate already “exceptional” with respect to the usual deadline of 16 March, pursuant to art. 10 quater of Legislative Decree no. 4/2022 (Sostegni-Ter decree);
- October 15, 2022for IRES subjects and for i VAT holderspursuant to art. 29-ter of Legislative Decree no. 17/2022, converted into law n. 34/2022.
Transfer of credit and discount on the invoice: communication of the option
In order to be able to communicate the chosen option relating to expenses incurred for interventions carried out on the real estate units and on the common parts of buildings, it is necessary to use the approved model attached to the provision of the Director of the Revenue Agency of 3 February 2022, prot. no. 35873 “Communication of the option relating to the recovery of the building heritage, energy efficiency, seismic risk, photovoltaic systems and charging stations”.
It provides that the subjects who claim, in the years 2020 to 2024 expenses for the interventions listed in
paragraph 2 of article 121 of Legislative Decree no. 34/2020 (Relaunch Decree), as well as, in the year 2025incur costs for the interventions referred to in article 119 of the same Decree, can opt as an alternative to the deduction due:
- a) for a contribution, in the form of discount on the amount dueup to a maximum amount equal to the consideration itself, advanced by the suppliers who carried out the interventions and recovered by the latter in the form of a tax credit, for an amount equal to the deduction due;
- b) from assignment of a tax credit of the same amount to other entities, including credit institutions and other financial intermediaries, without the option of subsequent transfer.
As specified in the provision, the option:
- can be exercised in relation to each state of progress of the works;
- for the interventions referred to in Article 119 of the Relaunch Decree (Superbonus), the progress of the works
they can’t be more than two for each overall intervention and each state of progress it must refer to at least 30 percent of the intervention; - can be exercised also for the residual installments not used the deductions referring to expenses incurred in the years 2020, 2021, 2022, 2023, 2024 and 2025 in the case of use of credit assignment.
Late communication: remission in bonis until 30 November 2022
Although the deadlines of April 29 and October 15 for communication of the option have already passed, the tax authorities have until November 30, 2022
a relief in goods, consisting of:
- in the presentation of the communication of option within the deadline set for the tax return for 2021;
- in late communication with payment via F24 of a fine of 250 euros.
But be careful: the remission in bonis is allowed on condition that:
- no control activities are in progress on the credit due;
- an agreement has been made with the transferees or a discounted invoice is in possession of a date prior to the expiry date, therefore 29 April 2022 for private subjects or 15 October 2022 for VAT holders or IRES subjects.
Finally, we remind you that November 30th is the deadline for sending new communications to replace
incorrect communications. In reality, the last day corresponds to December 5, 2022, the fifth day of the month following the deadline: beyond this date, there is no possibility of remedying it because the channel will be closed.
