Four answers to four common questions on the latest tax news deriving from the facilities introduced by the so-called Cura Italia decree to deal with the Coronavirus emergency.
The Law Decree number 18 of 17 March 2020, the now famous “Cura Italia Decree“Launched by the Government to counter the Coronavirus emergency, it has tried to give an immediate response to a heterogeneous series of needs relating to measures aimed at limiting the possibility of spreading Covid-19 throughout the national territory.
Among other things, these measures provided for selective closure of most economic activities and entertainment without completely shutting down the engine of the economy, leaving production companies and essential supply chains open (food, transport, information and communications).
The articulated provision is divided as follows:
- Measures for the strengthening of the health system in articles from 1st to 18th;
- Measures a work support divided in turn between:
- social safety nets in articles 19 to 22;
- support for workers in articles 23 to 48;
- measures a liquidity support with articles from 49 to 59;
- tax measures for families and businesses in articles 60 to 71;
- further measures in articles 72 to 127.
Critical issues immediately emerged regarding the scope, correct interpretation and consequent application of many of these in all likelihood, some will be corrected during the parliamentary process of conversion into law or with subsequent government deeds already announced for next April.
Some of the most frequently asked questions in the economic and tax area are discussed below, providing an answer as far as possible concise and at the same time detailed.
1 – Can I suspend installment payments of good-natured notices and deferments granted for tax debts in general?
No, as Article 68 provides for the suspension of the payment terms of the only loads entrusted to the collection agent and the good-natured notices are not among them, being the collection of these managed directly from the Revenue Agency.
On the other hand, the installment payments in progress for tax collection notes and debit notices issued by INPS may be suspended, being deeds whose collection is delegated to the ADER, Revenue Collection Agency, formerly Equitalia.
Among other things, this has been confirmed by ADER itself with a document that collects FAQs relating to the Decree treated here.
2 – I am an Engineer, can I request the suspension of payments of the loan installments as foreseen by article 56 of the decree?
Yes.
The aforementioned article, containing specific financial support measures, allows companies to take advantage of certain concessions such as the possibility of suspending payments of mortgages and other repayment loans as well as leasing fees up to 30 September, as well as the impossibility of revocation of bank credit facilities, even if not used until the aforementioned date and for the purposes of its application, the meaning of the term Company must be understood as indicated in paragraph 5 of the same article which refers to the European Commission Recommendation no. 2003/361 / EC in which his article 1 reads:
“… considers any entity, regardless of the legal form covered, that carries on an economic activity.
In particular, entities that carry out an artisan activity or other individual or family activities, partnerships or associations that carry out an economic activity are considered as such ”
3 – I have a hardware business carried out at a local category C / 1, am I entitled to a 60% tax credit on the rent in the month of March for shops and shops?
No; Article 65 provides for the recognition of a 60% tax credit to be used in compensation for any business activity, therefore also wholesale or services, provided that it is not included among the activities listed in Annexes 1 and 2 of the Decree of the President of the Council of Ministers 11 March 2020 and in this case the activity indicated in the question is one of these.
In this regard, it should be noted that the Revenue Agency has already made known – with the resolution number 13 / E of 20 March 2020 – that for the relative compensation it will be necessary to use the tribute code 6914.
4 – I am the legal representative of a S.r.l. required to appoint the control body with the approval of the 2019 financial statements, in light of the provisions of the so-called Cura Italia decree, can I convene the meeting for the appointment of the auditor by 29 June next?
Yes; Article 106 provides in paragraph 1 that:
“Notwithstanding the provisions of articles 2364, second paragraph, and 2478-bis of the civil code or the various statutory provisions, the ordinary meeting is convened within one hundred and eighty days from the end of the year …”
And in conjunction with the provisions of thearticle 379 paragraph 3 of the Code of Business Crisis and Insolvency therefore, this appointment can be made by June 29 next.
Finally, readers are reminded that yesterday evening INPS, the Inland Revenue and the Customs Agency issued various press releases and various provisions (circulars, resolutions, messages): we will give you an account during the day here on Fiscal Information, keep following us.
