ISA scores for the reward scheme
In accordance with what was established last year, measure no. 176203 of the Italian Tax Office outlined the necessary tax reliability scores needed to benefit from the ISA reward system in 2024. It is important to note that for ISA subjects participating in the biennial preventive agreement, the assessment of the reliability score is not required. However, there are still declarative obligations regarding the ISA during the validity of the CPB. The reward system only applies if a specific ISA is provided for the activity carried out.
In the case of business income and self-employment, access to benefits is allowed only if the taxpayer meets the ISA requirements for both categories and achieves specific minimum scores. If the score is at least 9, the benefits include exemption from the compliance visa for VAT credits and direct taxes up to certain thresholds. If it is below 9 but at least 8, the benefits are reduced to specific maximum amounts. If the score is at least 9, both for 2024 alone and as a simple average of the reliability levels for 2023 and 2024, additional advantages consist of exemption from regulations concerning non-operating companies and a reduction in assessment periods. If a score of at least 8 is achieved for 2024, this allows for a one-year reduction in the assessment periods regarding business income and self-employment. Article 47, paragraph 5 of Legislative Decree no. 546/92 further states that taxpayers with an ISA score of at least 9 are exempt from guarantees in case of suspension of contested acts.
New TD29 code to regularize the omitted invoice
The Italian Tax Office has published version 1.9 of the technical specifications for electronic invoicing, introducing significant updates following legislative changes. These changes, which have come into effect from April 1, 2025, include:
- the “Document Type” code “TD29,” which will be used to notify the Agency of omitted or irregular invoicing, also modifying the use of the “TD20” code;
- the introduction of the “Tax Regime” code “RF20” to identify the new cross-border VAT exemption regime, in accordance with Title V-ter of DPR 633/72;
- the removal of the 400 euro threshold for simplified invoices, as established by Article 21-bis of DPR 633/72 and by DM May 10, 2019, for entities under the flat-rate scheme or in the new cross-border regime.
Currently, according to the legislative decree “Sanctions” (n. 87 of June 14, 2024), the taxable person must report the irregularity within ninety days, with no need to pay the tax. Failure to comply results in a penalty of 70% of the tax, with a minimum of 250 euros.
Reason for authorization to access professional premises
The ruling of the European Court of Human Rights (ECHR) on February 6, 2025, concerning the case Italgomme Pneumatici Srl (no. 36617/18), addressed issues related to access, inspections, and checks. The Court assessed the Italian legislation, deeming it non-compliant with Article 8 of the ECHR, which protects the right to respect for private life. The Court established that respect for the legal headquarters and commercial premises of a company must be guaranteed. In particular, the national regulations are considered inadequate to protect taxpayers’ rights, as the authorization for inspections can be merely formal and lacking justification. Moreover, there is no provision for appealing such authorization.
The Italian Tax Office is governed by Article 52, paragraph 1, of Presidential Decree 633/72, which requires the issuance of a letter of appointment for access, while the Financial Police operates under Article 35 of Law 4/1929. In the case of accessing the taxpayer’s home, the authorization of the Public Prosecutor is necessary if there are indications of tax evasion. Access to premises with mixed use, however, does not require such indications. The Court emphasized that authorization must always be justified and that the current legislation does not provide sufficient guarantees for the taxpayer.
PEC obligation for administrators
Paragraph 860 of Article 1 of Law No. 207 of December 30, 2024 (2025 budget law) has also extended the obligation to have a certified email address (PEC) to “the administrators of companies constituted in corporate form,” in line with what is already required for sole proprietorships and companies. The obligation to communicate the PEC of the administrators applies to all companies, excluding those not permitted to engage in commercial activities. The requirement refers to the individuals holding the position rather than the body itself, which means that, when there are multiple administrators, a PEC address must be registered for each of them. The obligation also applies to liquidators.
The MIMIT, in note 12.3.2025 No. 43836, emphasized that the possibility of having the PECs of the administrator and the company coincide would be precluded by the Directive of May 22, 2015, which stipulates that the email address of the company communicated for registration in the Business Register must be “exclusively owned by the same.” Considering this, companies that have opted for the coincidence of the two addresses must comply with the new guidelines by June 30, 2025. Furthermore, it has been established that the obligation to register the PEC of the administrators also applies to companies already established before January 1, 2025; they can communicate the PEC addresses of their administrators by June 30, 2025.
Interests arising from special repentance – Non-deductibility
With the response to interpellation dated March 3, 2025, no. 56, the Italian Tax Office has provided clarifications on the tax treatment of passive interest paid by a professional who has adopted special repentance, pursuant to Article 1, paragraphs 174-178 of Law 197/2022. The response focuses on the concept of relevance for self-employment income. In the absence of specific regulations, passive interest can only be deducted if documented and deemed relevant to the activity carried out. Over the years, it has been clarified that: relevance requires a direct connection between the expense and the professional activity (Cass. February 18, 2015, no. 3198); only costs functional to the generation of income can be deducted (circ. Italian Tax Office June 20, 2002, no. 55, § 5). Expenses must be related to the entire professional activity, without the need for a strict link to individual compensations (response Italian Tax Office February 16, 2006, no. 30). Regarding late payment interest for voluntary repentance under Article 13 of Legislative Decree 472/97, these are considered nondeductible because they are ancillary to the main obligation of paying taxes. Similarly, for special repentance, the interest is also nondeductible.
RIMANI AL PASSO CON LE ULTIME NOTIZIE IN AMBITO FISCALE. CLICCA QUI PER SCOPRIRE DI PIÙ!
