New Deadlines with Benefits for Late Filing Declarations

Article 2, paragraph 6, letter a), number 1 of Legislative Decree No. 108 of August 5, 2024, which contains supplementary and corrective provisions to the legislative decrees enacted under the enabling law for tax reform (Law 111/2023), has again amended the deadlines for the electronic submission of the REDDITI and IRAP tax returns. This amendment modifies Article 11, paragraph 1 of Legislative Decree No. 1 of January 8, 2024 (commonly referred to as “Compliance Obligations”), which in turn adjusts paragraphs 1 and 2 of Article 2 of Presidential Decree No. 322/1998 concerning the deadlines for filing returns for:

• Individuals, partnerships, and equivalent entities;
• Corporate income taxpayers (IRES).

As a result of this legislative intervention, the regular deadlines for the electronic submission of the REDDITI and IRAP forms have been postponed as follows:

• From September 30 to October 31 of the year following the end of the tax period for individuals, partnerships, and equivalent entities, as well as for “calendar-year” IRES taxpayers;
• From the last day of the ninth month to the last day of the tenth month following the end of the tax period for “non-calendar-year” IRES taxpayers.

Therefore, for “calendar-year” taxpayers, the 2024 REDDITI and IRAP forms, related to the 2023 tax period, must be submitted electronically by October 31, 2024, instead of the previous deadline of October 15, as established by Article 38, paragraph 1 of Legislative Decree No. 13/2024.

For “non-calendar-year” taxpayers, the new deadline of the end of the tenth month following the end of the tax period, introduced by Legislative Decree No. 108/2024, will apply to filing deadlines that fall on or after May 2, 2024. Since Legislative Decree No. 108/2024 effectively extended the deadlines initially set by previous regulations (Article 11 of Legislative Decree No. 1/2024 and Article 38, paragraph 1 of Legislative Decree No. 13/2024), there will be no issues if, after May 2, 2024, tax returns are filed according to the earlier, shorter deadlines.

Impact on the “90-Day Rule for Late Filing”

The amendment to the filing deadlines also impacts the calculation of the “90 days from the deadline” period used to determine whether a late-filed tax return should be considered as omitted, pursuant to Article 2, paragraph 7 of Presidential Decree No. 322/1998.

For example, considering the case of a corporation with a fiscal year running from October 1, 2022, to September 30, 2023, if it did not file the 2023 REDDITI SC and IRAP returns by June 30, 2024, it could benefit from the extended deadline provided by Legislative Decree No. 108/2024 by filing the overdue returns by October 29, 2024. This date is 90 days from the new deadline of July 31, 2024 (the last day of the tenth month following the end of the tax period), instead of September 28, 2024, which would have been 90 days from the old deadline of June 30, 2024.