The decree from the Deputy Minister of Economy on Tax control framework, dated July 9, 2025, was published in Official Gazette 164 on July 17. It defines the methods of application of the provisions set forth by Article 7-bis of Legislative Decree 128/2015, related to the optional regime for the adoption of the fiscal risk control system.
The standard is aimed at medium-sized entities that, while not meeting the requirements for the collaborative compliance regime provided for by Article 7 of Legislative Decree 128/2015, can still obtain similar benefits in terms of penalties by opting to adopt a system for detecting, measuring, managing, and controlling tax risk. To exercise this option, it is necessary to send a communication to the Italian Tax Office using the specific form and attaching the documentation requested by the decree, which includes:
· the description of the company’s activities;
· the tax strategy approved by the management bodies prior to the option;
· a description of the adopted fiscal risk control system and its functioning;
· the mapping of business processes;
· the mapping of fiscal risks;
· the certification of the TCF tax control framework, dated prior to the communication, from an independent professional with the necessary qualifications.
The adoption of similar standards to those required for entities operating under the collaborative compliance regime is confirmed. This includes the implementation of a three-lines-of-defense system and measures appropriate for managing fiscal risks arising from accounting aspects, which go beyond simple compliance with statutory auditing.
The benefits in terms of exemption from penalties begin to take effect from the first day of the tax period in which the communication to the Italian Tax Office is made, and the option is irrevocable for a period of two years.
The optional regime is intended for entities that do not fall under the collaborative compliance regime, hence those with a turnover or revenue of less than 750 million euros. This limit will be reduced to 500 million euros starting in 2026, further decreasing to 100 million euros from 2028. These entities often exhibit a centralized management by the entrepreneur and their family, showing some resistance to adopting formal procedures.
If the option is exercised, violations concerning fiscal risks previously communicated through inquiries under Article 11 of Law No. 212 of 2000 will not incur administrative penalties. Furthermore, the regime for tax control framework in SMEs also includes the exclusion from the provisions related to the crime of false declaration as outlined in Article 4 of Legislative Decree 74/2000. These incentives apply provided there are no behaviors characterized by elements of simulation or fraud. Additionally, such violations will not be considered criminal offenses under criminal procedural legislation.
Regarding the recognition of penalty benefits, it is important to note that inquiry requests must be submitted to the competent offices of the Italian Tax Office and must meet the established eligibility criteria. The initial communication will therefore take place with the territorial offices rather than the Collaborative Compliance Office of the central management.
In general, it would be advisable to simplify the process of creating the fiscal control model, taking into account the lower complexity and limited resources required for the type of taxpayers involved. Changes could include a simplified approach for the third line of defense, usually entrusted to internal audit or an external entity.