INTRANET
Copyright 2020 - Quorum Studio Legale e Tributario Associato - Credits

Non-refundable grants: penalties

date: 23.06.2020
Area: Tax

Article 25 of the “Decreto Rilancio” refers to article 13 paragraph 5 of Legislative Decree no. 471/1997. This article states that, “if inexistent receivables are used as compensation for the payment of sums due”, “the sanction of one hundred to two hundred per cent of the amount of the receivables is applied”. Therefore, whoever requests a benefit which then turns out not to be due, in whole or in part, must take into account the repayment of the contribution which was not due and a sanction of an amount at least equal to the contribution itself which can potentially be doubled.

In addition, the sums deriving from the recovery of non-existent receivables may be claimed by 31 December of the eighth year following the year in which the receivable was used, and may, in the event of non-payment, be entered in the extraordinary rolls pursuant to art. 15-bis of Presidential Decree 602/73, with full collection of taxes and penalties even in the presence of an appeal.

In our case, the Tax Authorities will have until 31 December 2028 to check the correct use of the contribution and therefore, until such date, it will be necessary to keep the supporting documentation. Waiving the right to the contribution before it is credited to the current account will ensure that no penalties are applied. If, on the other hand, the contribution has already been credited to the current account, spontaneous regularization is allowed by returning the contribution with interest and paying the penalties. These may be subject to a reduction for repenting, provided for by law.

Non-refundable grants: penalties

date: 23.06.2020
Area: Tax

Article 25 of the “Decreto Rilancio” refers to article 13 paragraph 5 of Legislative Decree no. 471/1997. This article states that, “if inexistent receivables are used as compensation for the payment of sums due”, “the sanction of one hundred to two hundred per cent of the amount of the receivables is applied”. Therefore, whoever requests a benefit which then turns out not to be due, in whole or in part, must take into account the repayment of the contribution which was not due and a sanction of an amount at least equal to the contribution itself which can potentially be doubled.

In addition, the sums deriving from the recovery of non-existent receivables may be claimed by 31 December of the eighth year following the year in which the receivable was used, and may, in the event of non-payment, be entered in the extraordinary rolls pursuant to art. 15-bis of Presidential Decree 602/73, with full collection of taxes and penalties even in the presence of an appeal.

In our case, the Tax Authorities will have until 31 December 2028 to check the correct use of the contribution and therefore, until such date, it will be necessary to keep the supporting documentation. Waiving the right to the contribution before it is credited to the current account will ensure that no penalties are applied. If, on the other hand, the contribution has already been credited to the current account, spontaneous regularization is allowed by returning the contribution with interest and paying the penalties. These may be subject to a reduction for repenting, provided for by law.