from the new ceiling to capital goods

The news on the flat-rate regime of the Budget Law 2020

The 2020 Budget Law is about to begin the "tormented" parliamentary journey which, to avoid the specter of the provisional year, will have to be approved by the end of the year.

The Flat Tax news of the Lump sum scheme have been widely announced several times, but now the frame of reference seems to have finally been defined.

Taxpayers can thus begin to make the necessary reflections also in order to understand if, in the beginning in the year 2020, they will be able to continue to make use of the flat rate, or if they will be able to access the same for the first time.

Budget Law 2020 e lump sum employees or pensioners

In the 2019 tax period, employees or retirees who in the previous calendar year had an income in this capacity were also able to apply the flat rate survey.

The 2019 Budget Law has eliminated the maximum threshold of 30,000 euros.

Ceiling of the flat-rate scheme

Now, however, the legislator has retraced his steps and has reintroduced the ceiling. In particular, in the art. 1, paragraph 57, of Law no. 190/2014 the letter d – ter was added).

The novella foresees the inapplicability of the lump sum for

"The subjects who in the previous year received income from employment and income similar to that of dependent employment, referred to respectively in Articles 49 and 50 of the Consolidated Income Tax Law, referred to in the Presidential Decree of 22 December 1986 , n. 917, exceeding the amount of 30,000 euros; the verification of this threshold is irrelevant if the employment relationship has ceased. "

The provision, if confirmed by the definitively approved text, will enter in force since 1 January 2020.

This circumstance will determine the out of the flat-rate regime for taxpayers who in the previous year, then in 2019, will have received an income from employment or similar with an amount exceeding € 30,000.

The condition concerns, as mentioned, even pensioners as for tax purposes, pensions are considered to be in any case income from employment.

Employees and pensioners who already know they have passed or will exceed the aforementioned limit must begin to think that, most likely, starting from 1 January 2020, they will have to leave the flat-rate regime.

Similarly, those who wanted to enter the lump sum from next year they will probably have to abandon the new resolutions.

Flat-rate scheme and employment of employees

The 2020 Budget law provides for the full replacement of art. 1, paragraph 54.

In particular, the impediment condition concerning the possibility of make use of employees or employees.

The new limit of 20 thousand euros

However, compared to the past, that is to the legislative text in force before the changes introduced by the 2019 Budget Law, the limit is not 5,000 euros, but 20,000 euros.

Also in this case, the verification of the impediment must be carried out with reference to the previous year.

For example, if the lump-sum taxpayer has availed in 2019 of the work of an employee or a collaborator, whose salary or compensation amounts to 25,000 euros, from the next year 2020 the obligation to leave the lump sum.

Also in this case it is advisable to start checking your situation in advance.

Flat-rate scheme and "roof" of capital goods

After a broad confrontation within the majority, it was decided not to reintroduce the "old" condition impeded represented by the limit of capital goods.

Even if the tax payer had purchased instrumental goods in 2019, exceeding the "old" limit of 20,000 euros, he could continue, in the year 2020, to take advantage of the lump sum.

Flat-rate scheme and electronic invoicing

The 2020 Budget law has not introduced the obligation to issue an invoice in electronic format.

However, it encourages flat-rate tax payers to issue documents in digital format.

It is expected a reward scheme for tax payers who, for each operation, will issue an invoice in electronic form.

In particular, the novella provides:

“For taxpayers who have an annual turnover consisting exclusively of electronic invoices, the forfeiture term referred to in Article 43, first paragraph, of the Presidential Decree of 29 September 1973, n. 600, is reduced by one year. "

In this case, therefore, the assessment terms are reduced from five to four years with respect to the deadline for submission of the annual declaration.

However, it will be sufficient, the issuing of a single invoice in analog format, in order to lose the benefit provided by the reward regime.

On the same subject, read also The new causes of exclusion from the flat-rate regime that have been operating since 2020

Edited by Nicola Forte

Wednesday 6 November 2019