Assignment of a Lease Agreement: the Tax Authority Confirms VAT Applicability
The Italian Tax Office reiterates that the assignment of a lease agreement carried out for consideration qualifies as a taxable supply of services for VAT purposes, with application of the standard 22% VAT rate. Consequently, the registration tax applies in a fixed amount (EUR 67.00), based on the principle of alternativity. Current practice excludes the possibility of extending to the assignment the VAT regime applicable to the original lease agreement, even if that lease was VAT‑exempt. However, the literal wording of Article 10, no. 8, of Presidential Decree 633/72 leaves room for the possibility of treating as exempt the “related assignments” of real estate leases, except in cases involving leases of instrumental buildings where the landlord opted for VAT, and leases of residential properties rented out by construction companies. This therefore remains an important interpretative issue for real estate companies and businesses, requiring case‑by‑case assessments in light of EU case law and domestic legislation.
Offsets: from 2026 the threshold drops to 50,000 euros and the prohibition expands
The 2026 Budget Law has reduced from 100,000 to 50,000 euros the threshold of debts entrusted to collection beyond which the ban on using tax offsets in Form F24 is triggered. It is sufficient to exceed this limit with overdue debts that are neither suspended nor properly paid in instalments for the taxpayer to lose any possibility of offsetting credits — even if the available credits are higher than the outstanding debt. The restriction applies to both tax credits and incentive-related credits, with the sole exception of social security credits and Inail insurance premiums. Local taxes, suspended debts, and debts that are properly instalment‑paid without default are excluded from the threshold calculation. Offsetting is only possible when the debt to ADER is brought below 50,000 euros. The new limit, effective from 1 January 2026, significantly broadens the number of taxpayers affected, making constant monitoring of one’s outstanding debts essential.
Rottamazione-quinquies: risk of forfeiture even with a single unpaid instalment
The rottamazione‑quinquies allows payment in a single instalment by 31 July 2026, or in up to 54 bimonthly instalments through 2035. The law provides for forfeiture if the taxpayer fails to pay the full amount due, two instalments (even if not consecutive), or the final instalment. The FAQs of the Revenue Agency–Collection Authority clarify that failure to pay the first instalment does not trigger immediate forfeiture. However, the allocation rule set out in Article 31 of Presidential Decree 602/73 applies: the subsequent instalment is allocated to the overdue one. This may lead, at the end of the plan, to forfeiture even for the non‑payment of a single instalment, because the final instalment would result as unpaid. Forfeiture is automatic and reactivates precautionary and enforcement measures, making the entire outstanding debt
immediately collectible. Taxpayers may revoke or amend their application for relief until 30 April 2026. Unlike previous rounds of the “rottamazione”, the 5‑day grace period that allowed slightly late payments to be treated as timely is no longer available.
Non-returned packaging: the Tax Agency confirms the use of code TD27
During a recent videoconference, the Italian Tax Office clarified that the “global invoice” for non-returned packaging — which must be issued by 31 January each year — must be transmitted using code TD27. In the “Description/Causale” field, the details of Ministerial Decree of 11 August 1975 must be indicated, confirming the solution already suggested to reconcile the decree’s provisions with electronic invoicing rules. If the purchaser returns the packaging after the issuance of the global invoice, a credit note must be issued using code TD04. It remains confirmed that, where a return-of-packaging agreement exists, the deposit amounts do not form part of the taxable base under Article 15 of Presidential Decree 633/72, while failure to return the packaging gives rise to a taxable transaction subject to the standard VAT rate. The Agency also clarified how to correct incorrect TD17 documents: by issuing a “negative” TD17 to reverse the original entry, followed by the submission of a corrected TD17.
Rentri: storage of 2025 registers by 31 January 2027
Companies have raised doubts regarding the deadlines for the electronic archiving of loading and unloading registers validated by Rentri in 2025. The Ministry of the Environment, through the Rentri FAQs, recognizes three possible approaches: archiving within the time limits set by accounting‑records preservation rules; archiving at the same time as the transmission of data to Rentri; or archiving according to the company’s internal procedures, provided that the deadlines for preserving documents with fiscal relevance are respected. The first option is also consistent with the provisions of Director’s Decree No. 143/2023 and with the reference to Article 7, paragraph 4‑ter, of Decree‑Law 357/1994. Therefore, for companies with the calendar year as their financial year, the final deadline for preserving the 2025 registers is 31 January 2027. It remains understood that, in the event of an inspection, the register must be immediately accessible, which may require bringing forward the archiving processes.
From 1 March 2026 the exemption for travel agencies ends: withholding tax, F24 and CU return
The 2026 Budget Law abolishes the exemption from withholding tax on commissions paid to travel agencies, maritime and air operators, and agents of oil companies. As of 1 March 2026, these categories are once again fully subject to the ordinary regime under Article 25‑bis of Presidential Decree 600/1973. Operationally, nothing changes compared to other commissions subject to withholding tax: the withholding must be indicated on the invoice, paid via Form F24 by the 16th day of the following month, and included in the “Certificazione Unica” issued the following year. Pending official guidance, the tax code used for the payment will presumably remain 1040. The applicable withholding rates remain unchanged: 11.50% for
agents without employees and 4.60% for those who rely on assistants or collaborators on an ongoing basis, subject to a specific annual declaration.
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