NEWSLETTER TAX – DECEMBER 2025

Tax credit for recovered materials: online applications now open

From December 1 to January 30, the online portal is open for businesses wishing to apply for the tax credit on expenses incurred in 2024 for the purchase of recycled plastic products or biodegradable packaging. This measure, governed by Dm 132/2024 and the directorate decree 353/2025, provides a benefit equal to 36% of documented expenses, up to 20,000 euros per beneficiary and with a total limit of 5 million euros annually for 2024 and 2025. Eligible purchases include materials from separate collection (plastic, paper, glass, aluminum, untreated wood) and packaging that complies with the Uni En 13432:2002 standard. Companies subject to prohibitive sanctions or other disqualifying causes are excluded. Applications, which are evaluated independently of the order of arrival, must be submitted exclusively online through the portals of the Ministry of the Environment and Invitalia.

Cross-border remote work: the new OECD guidelines on permanent establishment

The 2025 update of the OECD commentary on the Convention against double taxation introduces clarifications on remote work across borders, focusing on Article 5 (permanent establishment). The assessment remains case by case: the mere use of a location by an employee is not sufficient; it is necessary to verify permanence, continuity, and availability for the enterprise. Among the new features, there is an indicative threshold: if remote work is less than 50% of the annual time, it generally does not constitute a permanent establishment; beyond this limit, further analysis is required. The “commercial reason” for the presence in the state is crucial, linked to operational needs and not mere personal preferences. The commentary offers practical examples and reiterates the absence of universal standards, requiring businesses to map hybrid work models, formalize organizational reasons, and align contracts and operational practices.

Christmas gifts for employees: tax rules and exemption limits for 2025

During the holidays, gifts to employees fall under employment income pursuant to Article 51 of the TUIR, unless the non-taxable limits for fringe benefits are respected. For 2025, the ordinary threshold of €258.23 is raised to €1,000, and to €2,000 for employees with dependent children (Law 207/2024). Exceeding the limit results in the taxation of the entire value, not just the excess. Gift vouchers and other benefits, such as company cars for mixed use or reimbursement of household utilities, must also be included in the calculation. The company must monitor the available budget for each employee. From a business perspective, costs for gifts are deductible under Article 95 of the TUIR, while expenses for Christmas dinners fall under the limit of 5‰ of expenses for employee labor (Article 100 of the TUIR), and it is necessary to consider a 75% deductibility for expenses related to the provision of food and beverages (Article 109 of the TUIR).

Mileage reimbursements for professionals: clarifications on the tax regime.

With response no. 270/2025, the Revenue Agency clarified that expense reimbursements excluded from the taxable base of self-employment income must be detailed and charged to the client, as provided by the new article 54 of the TUIR (Legislative Decree 192/2024). To meet the requirement of detailed accounting, expenses must be actually incurred, documented, and itemized separately on the invoice. Mileage reimbursements calculated on agreed rates are not considered detailed and, therefore, are subject to taxation, withholding, and VAT. For flat-rate taxpayers, in the absence of changes to Law 190/2014, reimbursements continue to be taxable, except for advance expenses. This update requires businesses and professionals to distinguish between detailed and flat-rate reimbursements to avoid tax errors.

Enhanced derivation: extension to micro enterprises with abbreviated financial statements from 2025.

The corrective decree on IRPEF-IRES, approved on November 20, expands the application of the principle of enhanced derivation to micro enterprises that choose to prepare their financial statements in abbreviated form, in addition to the ordinary form. The amendment to Article 83 of the TUIR, in implementation of the delegation law (Law 111/2023), aims to reduce the dual civil-fiscal framework by recognizing fiscal relevance to the qualification, temporal allocation, and classification criteria adopted in the financial statements. Micro enterprises applying the simplifications provided by Article 2435-ter of the Civil Code are excluded from this. The regulation applies from the tax period following December 31, 2024 (thus from 2025 for solar entities) and confirms the alignment between accounting and tax values also for investment entities and financial holding companies that forgo simplifications.

Global Minimum Tax: new declaration model from 2025

The decree of November 7, 2025, confirms the introduction of a new annual declaration provided for by Article 53 of Legislative Decree 209/2023, intended for subjects required to verify the requirements for being subject to the global minimum tax and, if applicable, for calculating and paying the tax. The model, pending publication by the Revenue Agency, will be unique for declaring the three taxes: IIR (integrated minimum tax), UTPR (supplementary minimum tax), and QDMTT (national minimum tax). The completion of the declaration pertains not only to multinational groups but also to entirely Italian groups with multiple constituent entities that fall within the definition of “constituent entities Globe.” The decree regulates the sections of the model and identifies the subjects responsible for the declaration and payment. It will come into effect for the tax period 2025, with impacts also on management software, which will need to integrate the new requirement.

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