While waiting to find out who will be the next government that will lead Italy, many fear the possible repercussions on the various measures implemented in the last period. These include, for example, building bonuses and the relative credit assignment.
Just dwelling on the latter there are several doubts about it. In particular, many are wondering whether or not there are gods limits in case of assignment of the credit of the building bonuses in tax consolidation.
Well, in this context the clarifications by the Revenue Agency through a resolution. Here’s how it works.
Building bonuses, are there any limits in case of credit transfer in tax consolidation?
Speaking of building bonuses, we have already seen together that good news comes for many, as they are except for applications for credit transfer already made. At the same time, however, as already mentioned, there is no shortage of doubts. In particular, many people wonder if there are limits in the event of a credit transfer in tax consolidation.
Well, the Revenue Agency took care of providing clarifications on the matter through the resolution number 45 of 2 August 2022 which has as its object the “Transfer, in tax consolidation, of credits deriving from Superbonus measures and bonuses other than the Superbonus”.
Going into the details, the institute underlined that in the event of a tax consolidation and transfer between subsidiaries and parent company, the assignment of the credit is not considered a transfer to third parties. Rather, it is a transfer of a subjective position to the fiscal unit. Practically it does not count as the first steponly ending up having an impact on the amount of income taxes of the parties concerned.
If all this were not enough, you can later opt for the assignment of credit to other subjects. The latter would in turn be considered as a first transfer.
The clarifications of the Revenue Agency
It therefore follows that in the event of a credit transfer from the subsidiary to the fiscal unitthe limitations provided by the anti-fraud measures are not applied to clearing with F24.
Precisely for this reason the consolidant can safely be used in offsetting the receivables received from the subsidiary through the F24 form. As reiterated by the Revenue Agency itself with the aforementioned resolution in fact:
“Reply 133/2021, specified that” as a consequence of the explicit recognition of the tax unit, each company participating in the consolidation (including the consolidating company itself) has the right to transfer its credits for offsetting purposes with the corporate income tax payable by the consolidating company for an amount not exceeding the IRES resulting from the consolidated income tax return as a balance and advance payment “.