Nicoletta Cottone
It consists of 36 articles on anti-crisis decree, which entered into force November 29, 2008. The measure, Decree Law No 29 November 2008 185, contains a package of measures for families and businesses launched by the Executive during the Council of Ministers on 28 November. Free of tax, net transfers, savings (in the form of lower costs), loans, guarantees, investments, and acceleration of certain types of investments are the seven tools, as explained by Economy Minister Giulio Tremonti, the decree contained in the anti-crisis. Here comes the bonus for pensioners and children under 3 years, with a dowry and a higher income ceiling is higher if a disabled person. There is a fund for the credit of the new born, with the aim of facilitating access to credit for families with a child born or adopted. The Fund is 25 million euro per year in the period 2009 to 2011. The purpose of the fund is intended to provide guarantees, also guarantor to banks and financial intermediaries. Coming new to the old and new mortgages. For companies reached the wire, causing a remarkable job of recounting the professionals, the go-ahead 3 points to a cut on account of IRES and IRAP. The VAT then you will pay on receipt of the invoice and no more, but with specific posts. Is the tax relief extended for the 2009 awards, but not overtime. There are a number of news about the assessment and collection. There's Sting on satellite television channels, which suppressed the reduced VAT of 10% for pay TV and satellite Internet. The measure facilitation was launched by the Law 507/1995, which granted the reduced VAT subscriptions to encrypted signals, then clarified in '97 in favor of cable and satellite subscriptions. Here, in alphabetical order, the Italian measures to stem the crisis.
Investigation (Article 27).
The article contains the definition of establishment of the calls to be heard emanating from the offices pursuant to Article 5 of the legislature June 19, 1997, No 218. This provision sets out the formal procedures of accession, with peculiarities arising from the fact that the taxpayer - taking account of an administrative practice that has characterized the invitations issued by the office since the first implementation of the institution with membership of the investigation - is provided , in the calls same, the representation of the tax claim and the reasons given. It is therefore provided to the taxpayer to define the contents of the call by taking advantage of the new sanctions regime facilitated for accession to the minutes of finding Article 5-bis of Legislative Decree No 218, 1997 and facilities in case of payment by installment if not there, according to the same taxpayer, valid reasons for not consider legitimate the tax claim. The "communication" by the taxpayer to be heard accession invitation issued by the office pursuant to Article 5 of the legislative June 19, 1997, No 218, can be made using the form approved by the decision of the Director of the Revenue by 10 September. The new institute accession to the calls referred to in Article 5 of Legislative Decree of June 19, 1997, No 218 applies only to invitations issued by the office with effect from 1 January 2009. Inhibition in activity of presumptive type of assessment on taxpayers who comply with the subpoena for the purposes of field studies related to the tax period in progress at December 31, 2006 and thereafter, pursuant to Article 5, paragraph 1 -bis of Legislative Decree 19 June 1997, No 218, concerning the definition of the content of calls made easier. The request for provisional measures (Article 22 of Decree No. 472/1997) to the President of Tax Commission may be paid, in addition to the loans made by the fiscal administrative penalties, including those related to taxes and related interest associated with the minutes of finding. Applicability of the precautionary measures to tax claims arising from acts of investigation and guarantees to that effect, the required boost to the use of these tools. Specific rules in relation to the reduced effectiveness of protective measures taken. One provision gives the office the power to request the operators of financial data and reports and documents relating to financial transactions on communications and signals collection agency (until discharge) protective measures, executive conservative to protect the creditor. More frequent and targeted on the basis of a specific fiscal risk analysis for companies large. Spoke on the competence to deal with the respondents presented by taxpayers subject to the "tutoring", while the rules of the effects and timing of issuing opinions continue to be governed by the rules for different types of questioning. Redefinition of responsibilities within the structures of the Revenue in terms of the need to increase levels of efficiency. Applicabiliin increased penalties based on the seriousness of the conduct in place. The goal, says the report to the decree, is to make more effective the contrast of a phenomenon - which is non-existent credit used in compensation for the payment of sums owed to the Treasury - characterized by significant offense's interest / fees and to ensure a more effective response capacity of the Agency in order to recover resources illegally removed from the Exchequer.
Anticipation of indemnities in Public Administration (Article 4, paragraphs 4 and 5).
Amended paragraph 3 of Law 53/2000, dedicated to the anticipation of the indemnities. By decree of the Minister of Public Service, in consultation with the Ministries of Treasury, Budget and Economic Planning, Labour and Social Welfare and Social Solidarity, set out the conditions, criteria and application procedures, the provisions in reference to government employees. The decree will be issued within 30 days after the entry into force of Decree Law 185/2008, which occurred November 29, 2008.
Adaptation European rules on takeover bids (Article 13).
constraints less stringent requirements for companies subject to takeovers. Systems change permissions for meeting any defensive measures. In the new text disappears because the limit of 30% provided for approval by the shareholders. It is not envisaged that the adoption of more measures to combat the outcome of a bid must be approved by an extraordinary general meeting.
social security benefits (Article 19).
Under the Employment Fund are for sums of € 289 million for the year 2009 of € 304 million for each of the years 2010 and 2011 and € 54 million from the year 2012 , a series of institutions for the protection of income in case of suspension from work, including recognition of the notional contribution and allowance to the family and the institute of experimental income protection. In particular, it is ordinary unemployment compensation with normal requirements for non-agricultural workers suspended business or employment crisis in the possession of certain requirements and subject to a supplementary intervention at least to the extent of 20% from the joint bodies set by collective bargaining. The maximum duration of treatment may not exceed 90 days in the calendar year allowance. Does not apply to workers employed by firms which receive treatment in cases of wage and employment contracts of indefinite duration with provision for suspension of work planned and work part-time contracts vertically. This is not for unemployment benefits in case of loss or suspension of unemployment governed by the rules of encounter between demand and supply of labor. The provision also affects the ordinary allowance non-agricultural unemployment with requirements to employees by industry or handicraft employees of agencies of administration work on a mission to craft industry or business suspended for crisis workers who meet certain requirements and subject to a supplementary intervention at least the extent of 20% from the joint bodies set by collective bargaining. The maximum duration of treatment may not exceed 90 days per year of benefits. Does not apply to workers employed by firms which receive treatment in cases of wage and employment contracts of indefinite duration with provision for suspension of work planned and work part-time contracts vertically. This is not for unemployment benefits in case of loss or suspension of unemployment governed by the rules of encounter between demand and supply of labor. As an experiment, then, for the period 2009-2011 and subject to a supplementary intervention at least to the extent of 20% from the bilateral bodies under the collective bargaining treatment, in case of suspension of employment or business crisis or in case of dismissal, equal to the ordinary unemployment with normal requirements for workers on the status of apprentice at the date of entry into force of this Decree and with at least three months of service with the company affected by treatment, for the duration maximum of 90 days throughout the term of the contract of apprenticeship. The employer is required to disclose to the competent services and to INPS, the suspension of work and the reasons therefor, and the names of the employees concerned, that statement must have made readily available to work at the local center for ' use. The employment center shall promptly, but no later than five days, to persons authorized or accredited the names of workers available to work or a training program aimed at re-entry to the labor market. Any appeal in 2009 the use of treatments of income assistance or special mobility notwithstanding the rules, and 'required in each case the exhaustion of the periods of protection. On an experimental basis for the period 2009-2011, within the limits of resources, and 'recognized a sum paid in a lump sum equal to 10% of the income earned the previous year, to coordinated and continuous members exclusively to the separate management INPS, with the exception of those identified in Article 1, paragraph 212, of Law December 23, 1996, No 662, which meets on a joint, the following conditions: they operate under the monocommissioning and have achieved the previous year income in excess of € 5 thousand and less than or equal to the minimum income specified in Article 1, paragraph 3, of Law of 2 August 1990 233 and have been accredited at the above-separate a number of not less than three months. Also in the reference must accredited to the separate management and must play at least 3 months in the relevant activities in the zones or areas declared in a state of crisis. Also other condition is that they may not accredited in the previous year at least two months out at the separate management. A decree of the Minister of Labour, Health and Social Policy, in consultation with the Minister of Economy and Finance, to be adopted within 60 days from the date of entry into force of this decree will define the rules for the application of the article and procedures communication INPS also for the timely monitoring of the institution. They are available 35 million euro for the year 2009 against the possibilities of the Employment Fund, which is also integrated to € 254 million for the year 2009 to 304 million euro for each of the years 2010 and 2011 and € 54 million from the year 2012. Pending reform of social safety nets and no later than December 31, 2009, may be granted special treatment of income assistance and mobility to employees of undertakings carrying out commercial activities with more than 50 employees of travel agencies and tourism, including tour operators, with over 50 employees, businesses Surveillance with more than 15 employees within the limit of expenditure of EUR 45 million for the year 2009, the Fund for Employment.
illegal aid (Article 24).
provisions for the recovery of illegal aid in favor of limited liability company with majority public participation, public services, local merchants, with the aim of giving full effect to the decision 2003/193/EC of the European Commission of 5 June 2002. It is expected that the Inland Revenue to perform the recovery of state aid to the principles and procedures of the ordinary assessment and collection provided for taxes on income. Establishes that recovery must be taken into account what has already been liquidated by the Agency pursuant to Decree Law 10/2007, while its interest shall be calculated in accordance with Article 3 of Decision 2003/193/EC the Commission dated June 5, 2002. Finds the time within which (120 days after the entry into force of the decree) must be reported to the tax assessments on the sums to be recovered. This paragraph provides that, if compliance is not given within 30 days of notification of the notice of investigation are met through membership at the definitive role of the sums were not paid and the additional interest due. It is not clear that sanctions will be applied for crimes of a fiscal nature or any other species, and will not be granted extensions suspension of payment or in administrative and judicial. Determining what rate to be applied to calculate the interest on sums due to: interest rate on the date of deadline for payment of the balance of unpaid taxes with respect to the first tax period covered by the recovery of .
Bonus Overtime (Article 1).
Only for 2009 is given a special bonus. This is a great bonus for families, workers, retirees and dependents, an amount that varies based on income, from a minimum to a maximum of 200 thousand euro. To be eligible, will be the nuclei of employees and pensioners with children with an annual income up to € 22 thousand (rather than 20 thousand euro). For families with handicapped the roof rises to 35 thousand euro. The bonus is cumulative with the social card. Will be paid by the withholding tax through a deduction from January to February. The benefit will be 200 € for those unique components of a household if the income does not exceed 15 000 €, 300 € if the family is composed of two people with an income of € 17 000 per year, of 450 if the family is composed of three people, always with an income of € 17 000 per year. The bonus will be € instead of 500 for households of four members with an income of 20 000 €, 600 € if the five members of the family, always with an annual income of 20 000 €. They will have one thousand euro families of five or more members with an income of 22 000 €. If the family is a disabled person the income ceiling rises to 35 000 €. Excluded from the self-employed, the VAT registered and who has income in excess of 2,500 euro land. The request must be made within the 31gennaio with self-certification form by the Inland Revenue.
Deposits and Loans Fund (Article 22).
The article extends the powers of the Deposits and loans repayable to the use of funds in the form of postal savings books and postal bonds, guaranteed by the State and distributed Spa through the Italian Post Office or its subsidiaries, and funds from the issuance of securities, the assumption of loans and other financial transactions, which can be guaranteed by the state.
controls on private clubs (Article 30).
The article makes the applicability of the tax regime provided for in Article 148 of the Uniform Tax Code and Article 4 of Presidential Decree 633/1972 on behalf of entities associated with the transmission of revenue to the Agency for data and information relevant for tax purposes. Recipients of the provision are all associations, whether newly established or already established. The onus is also on amateur sports clubs. By decision Director of the model will be approved and will be subject to the terms and conditions for the transmission of this data and information and the means of communication of the exclusion from tax benefits in the absence of the conditions required by current legislation. There is a need for greater information and knowledge of relevant elements for tax purposes throughout the world and its associated persons treated in terms of taxes. The purpose is to ensure the true forms of associations and to prevent, through the misuse of tax benefits will be realized distortion of competition within an industry. Streamlining the taxation of all associations and other voluntary bodies, providing for all organizations in the industry who want to take advantage of tax required by current legislation, the profitability of businesses that may develop.
controls on tax relief (Article 29).
The provisions on the monitoring of tax credits under the Decree Law 138/2002 shall apply to all tax credits existing at the date of entry into force of this decree (November 29, 2008). Changes in procedures for the management of tax credits for research and development, notwithstanding the time limit within which to research facilitating it, set at the end of the tax period in progress as at 31 December 2009. The changes are designed to ensure the enjoyment of benefits within the limits of the resources allocated. Expected to receive the aid, companies must submit to the Agency of revenue a standard form to be approved by the Director of the Revenue, with which they perform the reservation of the right to avail of the tax credit. The companies, based on acts or documents of a certain date, have initiated research and development before the date of entry into force of Decree 185/2008 (November 29, 2008) must provide, under penalty of forfeiture of the claim, Form the Inland Revenue within thirty days from the electronic procedure. To these companies the permission to use the credit is granted, respecting the order of receipt of the forms, within the limits of the appropriation of the resources involved in the presentation of the form and, in case of discharging, in subsequent years. Those interested in the tax credit for research activities, which will start operations from the date of entry into force of Decree 185/2008, displaying the form, in accordance with plan choice, the amount of investment aided by make, under penalty of forfeiture of benefit, within the year following the acceptance of booking. The use of the tax credit must be used assented, without said sums being insufficient to save the hypothesis, subject to time limits and within the maximum limit of 30% in the year of filing the application, and for the remaining part of the following year. A measure of the Director of Revenue will launch the form for the transmission of data and determine the period for activating the electronic procedure of transmission. Set an overall limit for expenses incurred in the years 2009, 2010 and 2011, the deduction for IRPEF for specific interventions aimed at saving introduced solely for tax years 2007, the Budget Law for year 2007) and subsequently extended until the tax period in progress 31 December 2010 from the 2008 Budget). The deduction in question lies in an amount equal to 55 per cent of expenses incurred for action: energy upgrading of existing buildings, up to a maximum deduction of EUR 100,000; opaque structures on vertical, horizontal opaque structures (roofs and floors ), windows, complete with fixtures, both on individual units on which whole or part of existing buildings up to a maximum deduction of € 60,000, to install solar panels for hot water up to a maximum deduction of 60,000 euro, to replace winter heating systems with systems equipped with boilers condensation and the simultaneous development of the distribution system up to a maximum deduction of € 30,000. Introduced a mechanism called "on tap" that the use of deductions for expenses incurred during the three fiscal years following the year in progress at December 31, 2007 (for those with taxable period coincides with the calendar year, the expenses incurred from 1 January 2008 to December 31, 2010) is subject to the submission of an address by the Inland Revenue and the prior acceptance of the request within the resources allocated. The application is presented solely by computer including through intermediaries enabled. A measure of the Director Revenue Agency, to be issued within 30 days from the date of entry into force of Decree 185/2008, published on the website of that agency, agree to use the model to present a petition, which must contain all the necessary data the verification of the appropriation. A provision of safeguards for taxpayers individuals who, in 2008, have made the cost of the redevelopment of buildings existing in reliance on the possibility to deduct. This is a transitional provision are applicable only and exclusively in relation to expenditure incurred in the year 2008, taxpayers who are not eligible individuals of that deduction due to the exhaustion of the funds allocated by the decree in question. The provision is also applicable even in respect of individuals who despite having met all the requirements have not sought the application of this decree. They reduced the percentage of deduction and the amount of expenditure on which it is to be calculated, the technical requirements remain unchanged, the conditions and the formalities required by the ministerial decree of 19 February 2007 published in the Official Journal 47, February 26, 2007. A measure of the Revenue give notice of the exhaustion of funds.
Financial Coverage (Article 35).
to charges arising from this decree, with the exception of those for which the respective authorization shall specify the funding directly, there is the cirfra of 6.342 million euro for the year 2009, 2.347 million euro for the '2010 and 2.67 billion euro for the year 2011. The amounts will be covered through use of portion of increased revenue and lower expenses related to this Decree.
copies on computer replace the originals for all purposes (Article 16, paragraph 12).
computer readable copies of any type of analog original documents, originally formed on paper or on another computer does not, replace all legal purposes the original from which it derives if their conformity to the original is provided by its holder through the use of their digital signature in accordance with the rules and techniques. A decree of the President of the Council of Ministers will identify specific types of documents for which the original analogue only, because of the needs of a public nature, it remains the obligation of preserving the original analog or optical storage in case of replacement, the conformity the original must be notarized by a notary or other public official authorized to effect a declaration from this digital signature and attached to the electronic document.
Deduction Ires share of IRAP on labor costs and interest (Article 6).
From the tax period in progress at December 31, 2008, shall be allowed as a deduction an amount equal to 10 percent of the regional tax on productive activities determined in accordance with Articles 5, 5 bis, 6, 7 and 8 Legislative Decree 12 December 1997, n. 446, lump sum in respect of tax payable on the taxable portion of interest expense and similar charges, net of interest income and other income or expenses for employees and treated as net of allowances payable pursuant to Article 11, paragraph 1, letter a) 1-a, 4-bis, 4-bis.1 of that order. In relation to tax periods prior to the current year to 31 December 2008, which was still lodged within the period, application for reimbursement of the share of income taxes corresponding to the portion of IRAP represents interest expense and similar charges or expenses Employees and assimilated, the taxpayers are entitled to reimbursement for an amount up to a maximum of 10% of the IRAP competence, referring to those flat-rate interest and personnel costs. Taxpayers on the date of entry into force of this decree did not apply are entitled to reimbursement upon presentation of the Inland Revenue instance, only electronically. The refund will be in the order chronological presentation of instances, within the limits of expenditure amounted to EUR 100 million for the year 2009, 500 million euro for 2010 and € 400 million for the year 2011. In view of the completion of the refund, you will integrate the resources with subsequent legislation. Free of tax
productivity contracts (Article 5).
For the period 1 January 2009-31 December 2009, extended the experimental measures to increase labor productivity. The measures apply to a limit of total amount of 6,000 euro gross, only with respect to the private sector and the holders of income of employees not exceeding in 2008, to 35 thousand euro, before the amounts subject to substitute tax in 2008. If the withholding agent must apply the replacement tax during that period is not the same one that issued the certificate of income for 2008, the recipient certifies in writing that the amount of employment income earned in 2008.
Free of tax for small scale furniture or local interest (Article 23).
For the creation of works of local interest groups, organized citizens can make proposals to the local territorial authority ready operational feasibility, identifying the costs and means of financing, at no cost to the local authority. On proposal, the local authority may involve, if necessary, individuals, agencies and offices concerned, including prescriptions and assistance. Local authorities may establish a regulation to govern the activities. If an institution fails to do so within two months from the date of submission, the proposal is approved and authorized to any effect and in respect of any public authority and private person, without issuing any action. In this case, the execution of related works, by and under the responsibility of the proposer, must begin within six months and be completed within 24 months after work. The implementation of interventions on property subject to protection or art-historical landscape and environment is subject to prior authorization or issue the notice required by applicable laws. The works are acquired to the original heritage of the competent unavailable. The construction of the works can not in any case give rise to fiscal and administrative burdens borne by the actuator assembly, except for value added tax. The contributions to the formulation of proposals and implementation of works are, to the implementation of fiscal federalism, allowed as a deduction from the income of those who have been granted, amounting to 36%, within the limits of amount and the manner envisaged by Article 1 of the Law of 27 December 1997, no 449 and related implementing measures, and for the period of application of the discount. Subsequently, it will be expected to deduct from their taxes the entity responsible. The provisions of this Article shall apply in the ordinary statute regions from 60 days from the date of entry into force of Decree Law 185/2008, except that all federal regulations already comply with the provisions of article. The regions with ordinary statute may extend or reduce the scope of the provisions in the previous period. It 's done in any case prejudice the exclusive legislative powers of the special regions and autonomous provinces of Trento and Bolzano.
Entry into force (Article 36).
Decree-Law No 29 November 2008 185 entered into force on the day of its publication in the Official Gazette of the Italian Republic, then November 29. It was presented to both Houses for the conversion into law. The decree, bearing the seal of the State, will be included in the official collection of normative acts of the Italian Republic. It is the duty of all to observe and enforce them.
Enforcement of guarantees in favor of the government (Article 28).
Governments enforce the guarantees and guarantee policies purchased on first demand guarantee of their debts amounting to more than 250 million Euros by 30 days from the occurrence of the assumptions hearing. Notifying the invitation, containing an indication of the amounts owed and of the facts and law of the claim, to pay the guaranteed amount within 30 days or other period as may be fixed in the act of warranty. In case of default of the guarantor, the credits are recognized in the role, jointly and severally against the principal debtor and guarantor of that, the useless within 30 days of expiry of the payment in the invitation. The article states that civil servants who do not comply with these provisions are subject to assessment of liability before the Court of Auditors.
Extending the tax credit for research done in Italy in case of appointment by the foreign buyer (Article 17, paragraph 2).
Extension of tax credit for research conducted in Italy also on behalf of foreign client. In practice, the tax credit provided by the Budget for 2007 (Article 1, paragraphs 280 to 283) also belongs to residents and permanent establishments in the State of non-residents carrying out research and development to of commission contracts entered into with the resident or located in states or territories that are included in the list referred to in the Decree of the Minister of Finance September 4, 1996.
Milan Expo 2015 (Article 22).
the purpose of providing Company Management Expo Milano 2015 - Soge Spasi provides that the Ministry of Economy and Finance is authorized to perform any act necessary for that purpose, including underwriting the share of its jurisdiction of the initial capital of the Company, amounting to € 48 000.
railways and public transport (Article 25).
established a fund for investments of the Group Ferrovie dello Stato SpA with a budget of € 960 million for the year 2009. A decree of the Minister of Economy and Finance, in consultation with the Minister of Infrastructure and Transportation, will fund the distribution and define the timing and mode of delivery resources. To ensure the necessary public transport services by rail for the purpose of entering into new contracts of service of the State and the Regions with ordinary statute Trenitalia SpA, has authorized the expenditure of EUR 480 million for each of the years 2009, 2010 and 2011. The provision of resources and 'subject to the signing of new service contracts which must comply with criteria of efficiency and rationalization to ensure that the service needs to be contained within the limits of budgetary appropriations of the state and additional resources made available by Regions for service contracts expertise as well as to ensure that, for the year 2009, there are no price increases in public transport services regional and local levels. Within 30 days of a decree of the Minister of Economy and Finance, in consultation with the Minister of Infrastructure and Transport, will identify the allocation of resources for the various contracts. The costs of implementation arising amounted to € 1,440 million for the year 2009 and EUR 480 million for each of the years 2010 and 2011. Ferrovie dello Stato SpA will submit annually to the Minister of Finance a report on the results of the article, highlighting in particular the respect of the distribution, equal to 15% and 85% of the shares private investment in the north and south of the country.
Financing Law "(Article 21).
For the continuation of assistance for implementing the strategic works of major national interest is authorized to grant two fifteen-year € 60 million from the year 2009 and € 150 million per year from the year 2010.
Credit Fund for the new born (Article 4, paragraph 1).
To facilitate access to credit for families with a child born or adopted was set up a loan fund for the new born at the Presidency of the Council of Ministers with a budget of € 25 million per year from 2009 to 2011 . The purpose of the fund is intended to provide guarantees, including surety, banks and brokers Financial. A decree does not regulate the President of the Council of Ministers in consultation with the Minister of Economy stability criteria and methods of organization and operation of the Fund.
Training, employment and infrastructure investments (Article 18).
reallocation of resources for training, employment and infrastructure projects, subject to geographical distribution. In view of the international economic crisis, then, re-programming of resources. The CIPE, chaired in a non-delegable by the President of the Council of Ministers, upon proposal of the Minister of Economic Development in consultation with the Minister of Economy and Finance and the Minister Infrastructure and Transport within 30 days from the date of entry into force of Decree 185/2008 (November 29, 2008) assigns a share of national resources available from the Fund under-utilized areas: Social Fund for Employment Training, established in the estimates Ministry of Labour, Health and Social Policy which also flow into the Fund's resources for employment, however, and the resources allocated to the financing of social safety nets exemption granted in the rules, and those used in the ordinary way by the CIPE training ; to fund infrastructure, including the safety of schools, for environmental remediation works for the prison buildings, infrastructure museums and archaeological sites, and strategic infrastructure for mobility. The resources allocated to the social fund for employment and training activities are used for training, conducted primarily on the basis of free voluntarily signed agreements with universities and public schools, as well as income support. For resources from the Fund for underdeveloped areas still remains to be devoted to the bond regions of the South 85% of the resources and the remaining 15% to Central and Northern Regions.
incentives for the return in Italy of scientists residing abroad (Article 17, paragraph 1).
incentives to return to Italy the "brains". The income from work dependent or independent of teachers and researchers, who have university degree or equivalent, are not living abroad and have played occasionally documented research or teaching abroad at public or private research centers or universities for at least continuous two years that the date of entry into force of this decree or in one of the five calendar years after coming to carry out their activities in Italy, and that consequently become tax resident in the State shall be taxable only 10 per cent, for the purposes of direct taxation, and bear to the net value of production of the regional tax on productive activities. The benefit of which apply in the tax period in which the researcher becomes taxable in the State and the two succeeding tax years still remains that the tax residence in Italy.
holiday allowances for contractual staff in the administrations of the State (Article 33).
Personnel of State administrations, including that under the public right of negotiation procedures (managers and directors of firefighters, career diplomatic and prefect) will be paid the salary for the month of December, in a single The holiday allowance economic contract covers the period 2008-2009 due within the year 2008, unless that has already been recognized during the same year, as determined by the sectoral rules governing the non-managerial staff of the armed forces and police. The sums paid as compensation for contractual holiday are anticipating the benefits of the overall 2008-2009 period to be defined, by contract or other relevant instrument, following the adoption of the draft budget law for 2009. The burden, are estimated at € 257 million including security contributions, and IRAP. The state government can not deliver the amounts of its staff, under the provisions of Article 3, paragraph 146 of the Law 244/2007. The provision does not apply to staff in public law regime in Article 3 of Decree No. 165/2001, magistrates, senior staff in the police and armed forces, university professors and researchers as the emoluments of such staff recalculated annually based on legal provisions which provide for automatic adjustment mechanisms that give rise to contractual holiday periods.
VAT on broadcasting services (Article 31).
broadcasting services are placed together in the context of transactions subject to the standard VAT rate of 20 percent. The measure provides for the abolition of VAT easier in practice to 10% for pay TV and satellite Internet and comes under their normal 20 percent. It was a measure enacted by Law 507/95, which gave the reduced VAT subscriptions to encrypted signals, then clarified in '97 in favor of cable and satellite subscriptions. Is homogenised, says the report, the processing of data broadcasting services of VAT (unidirectional and bidirectional or point-point), regardless of platform or technology used to transmit the signal (cable, satellite or antenna) is the method of Payment of the service. The Sting will fire already from the tax period in progress at the date of entry into force of the measure. A decree of the President Council issued within 60 days from the date of entry into force of the decree will define the details.
Lsu school (Article 34).
The provision authorizes an expenditure of € 110 million for 2009 for the extension of the activities of the school's community service workers.
first home mortgages (Article 2).
For loans under the 2009 variable rate can not exceed 4% due with shouldering by the State of any surplus. For new loans, however, from 1 January 2009 banks will have to ensure our customers the option of entering into loans secured by mortgages for the purchase of the main variable rate indexed the rate on main refinancing operations of the European Central Bank.
after actual payment of VAT collection (Article 7).
In an experimental basis for the calendar years 2009, 2010 and 2011, on an experimental basis, the payment of VAT will be effective upon receipt of payment. However, the tax becomes payable after one year from the time of performing the operation. The time limit does not apply if the transferee or the purchaser, before the expiration of the annual term, has been subject to bankruptcy proceedings or enforcement. The provisions of this subparagraph shall not apply to transactions by persons making use of special procedures application of the tax, as well as those made in respect of the suppliers or contractors who pay the tax by applying the reverse charge. The invoice should state the record that this transaction with chargeability to tax deferred with an indication of the relevant standards, in the absence of this endorsement, the provisions of Article 6, fifth paragraph, first sentence of the decree of the President of 26 October 1972, n. 633. This rule is subject to the go-ahead from Brussels. A decree of the Minister of Economy will establish after authorization, the turnover of the taxpayer against whom the provision is applicable and how to implement article.
Industry involvement in banks (Article 14).
measure was included in a rule implementing the contents of the EU Directive 2007/44 on industry participation in the banks and eliminate the ceiling of 15% for business investment in banks. The authorization must still be issued by the Bank of Italy that will establish the general professional skills in the management of shares or considered the influence on management participation to acquire permits to exercise their professional competence specified in the financial sector. The Bank of Italy may request any relevant information to conduct such an assessment. Last July the ICRC had removed the first wall in the separation between banks and enterprises, by setting a limit of 15% of the equity capital of the bank or banking group participants and 60% of assets (if the bank or group that owns the form), which instead represents the overall ceiling for the amount of equity.
Staff of the fund security, defense and public assistance (Article 4, paragraph 3).
Personnel of the security sector, defense and public assistance, the owner of the total income of employees not exceeding, in the year 2008, € 35 thousand, is recognized as an experiment in 2009, the emoluments of productivity enhancement funds a reduction in income tax of individuals and additional regional and local authorities. The benefit is paid for up to spending 60 million euro. A decree of the President of the Council of Ministers, upon proposal of the ministers concerned, in consultation with the Minister of Public Administration and Innovation and the Minister of Economy and Finance will identify the extent of reduction and application methods.
certified mail (Article 16).
Undertakings set up in corporate form are required to provide your email address certified on the application form to register. Within three years all companies, already constituted as company, communicate to the business register of certified e-mail address. The registration e-mail address in the register of certified companies and its subsequent variations are exempt from stamp duty and administration fees. The professionals included in registers or lists established by state law must inform their respective board or your e-mail certified within a year. Orders and colleagues published a list available on line identification information of members with its certified e-mail address. The government set up a mailbox for each certified record of the Protocol and inform National Centre for ICT in public administration, which shall publish a list of these boxes available electronically, without the burden of public finance. Communications between the subjects of public administration can be sent via certified mail, without the recipient must declare its readiness to accept the application. The consultation via internet e-mail addresses of individuals certified in the trade register or registers or lists is done freely and without charge. The extraction of lists of addresses is permitted only to public authorities for communications relating to the administrative requirements of their jurisdiction.
Strengthening financial consortia (Article 11). To enhance the system
Confidi intervention to stem the risk of a credit crunch for small and medium enterprises. Resources to the limit of € 450 million is for the refinancing of the Guarantee Fund. The warranty claims shall be extended to small businesses. The department competent to decide on the granting of guarantees is integrated with the representatives of national level organizations to small businesses. 30% of the sum referred to in paragraph 1 shall be restricted to counter-measures to the Fund in favor of the consortia. The interventions of the Fund's resources are guaranteed by the State as a guarantee of final instance, according to the criteria, conditions and procedures to be determined by order of non-regulatory nature of the Minister of Finance, however, within the resources allocated for this purpose, existing legislation on the state budget. The Fund referred to in paragraph 1 can be increased through the payment of contributions by the banks, Regions and other agencies and public bodies, or with the intervention of the SACE Spa, in a manner determined by decree of the Minister of Economy and Finance in consultation with the Minister of Economic Development.
privatization of Tirrenia (Article 26).
authorizing the expenditure of € 65 million per year from 2009 to 2011 to allow the activation of procedures for the privatization of the company Tirrenia di Navigazione SpA and its subsidiaries, and the conclusion of agreements pursuant to Article 1, paragraph 998, of the 2007 Budget. For the provision of necessary resources, however, the go-ahead by the European Commission.
special economic review of sector studies (Article 8). In order to take into account the effects of the economic crisis and the markets, with particular emphasis on specific sectors or geographical areas, sectoral studies can be integrated with the Decree of the Minister of Economy and Finance, after consulting the Commission of Experts established Article 10, paragraph 7 of Law on May 8 1998, no 146. It will take account of national accounts data, the evidence collected by institutions and agencies specializing in economic analysis and reporting of the regional monitoring for field trials established by the decision of the Director of Revenue on October 8, 2007.
Realignment and appreciation of volunteers carrying amounts (Article 15).
Provisions on the restatement and re-evaluation of volunteers carrying amounts. Paragraphs 1 through 9 are devoted to realignments involving specifically those that apply IAS. Paragraphs 10 to 12 become applicable, to realign the differences that arise as a result of business combinations governed by the articles. 172, 173 and 176 of the Uniform Tax Code, relating to goodwill, the trademarks and other intangible assets. Paragraphs 13 to 15 allow for derogation to the evaluation criteria for short-term investments in securities such as stocks and bonds, in exceptional situations of turmoil in the markets that they disappoint the values \u200b\u200bexpressed by the markets themselves. In such situations, enabling the company to not devalue the securities held as current assets, while continuing to assess the value of the latest balance sheet (for, example, financial statements as at December 31, 2007 for those with taxable period coincides with the calendar year) or, where available, the interim report, duly approved subject to the hypothesis that the loss has a lasting nature. Paragraphs 16 to 23 contain provisions relating to tax optional revaluation of real property.
Reduced administrative costs of business (Article 16).
provisions to reduce the administrative costs of businesses. Redefined, following the abolition of the Advisory Committee for the application of anti-avoidance rules, the anti-avoidance rules of interpellation. At any time after 120 days of filing the application to the Regional Directorate, the taxpayer may call upon the competent central structure of the Revenue to comply within 60 days. After expiry of that term, is formed silence gives consent. Paragraph 2 repeals paragraphs 33 to 37-b of Article 37 of Decree-Law 223/2006, converted with amendments by Law 248/2006, providing for the mandatory electronic transmission of the consideration for all those engaged in trade retail and cash equivalents (which include also the large retailers and all those engaged in sales and services by issuing the receipt). Repeal of paragraphs 30 to 32 of Article 1 of Law 296/2006, providing an obligation for holders of VAT to give prior notice to the Revenue's intention to use credits in compensation in excess of 10 thousand €. Abolished the contained in paragraphs 363 to 366 of Article 1 of Law 244/2007, which set out the obligation for taxpayers retail merchants and other cash equivalents through vending machines, to store electronic records separately for each unit, individual transactions carried out in order to transmit, electronically, the data thus stored the Inland Revenue. These provisions should apply from 1 January 2009, limited to devices already on the market at that date, from July 30, 2009, following adoption of a decision of the Director of Revenue would have to define the storage data, criteria, time and method of data transmission. Change the penalties in case of active repentance. Is reduced by one-eighth to one-twelfth the size of the minimum penalties for failure to pay the tax or a deposit, if it is executed within thirty days from the date of the committee, one-fifth to one tenth of the penalty imposed in cases where the adjustment of errors and omissions, though its effect on the determination or payment of tax shall be effected within the time limit for submitting the statement for the year during which the violation occurred or, if not periodic notification is provided within one year from error or omission, by one-eighth to one-twelfth of the minimum of that required for the omission of the presentation of the declaration, if it is presented with delays of no more than ninety days, from one eighth to one-twelfth of the minimum of that required for the failure to submit the return prescribed in respect of value added tax, if it is presented with a delay not exceeding thirty days. Reduction of administrative costs incurred by enterprises, with the use of methods of communication and consultation of data relating to them in electronic form. The consultation via internet e-mail addresses of individuals certified in the trade register or registers or lists is made freely and without charge and extraction lists of addresses is permitted only to public authorities for communications relating to the administrative requirements of their jurisdiction. Reduction of the advance
IRES and IRAP (Article 10).
The extent of the advance income tax of companies and the regional tax on productive activities due to the tax period in progress at the date of entry into force of this Decree, the persons referred to in Article 73 paragraph 1, of the consolidated income tax, by Decree of the President of the Republic on 22 December 1986, no 917, and reduced by 3 percentage points. For taxpayers that the date of entry into force of this decree (29 November 2008) had already done it in full to the payment of a tax credit in proportion to the reduction of 3 points, for use in compensation to the senses. A decree of the President of the Council of Ministers shall decide on the rules and the term of payment of unpaid pursuant to the reduction effected by this article, to be carried out during the current year, taking account of developments in public finance.
tax refund more than a decade and speeding up payments from public authorities (Article 9).
provisions to be phased out for the age-old problem of tax rebates, more than a decade. A decree of Economics and Finance, to be issued within 60 days the date of entry into force of Decree 185/2008 (November 29, 2008), to decide how to encourage the involvement of insurance companies and SACE spa in the provision of guarantees intended to facilitate the collection of claims by suppliers of goods and services to government.
Redemption of period of civilian service (Article 4, paragraph 2).
The civil service became a time to be redeemed. For subjects enrolled in the pension fund employees and special management of self-funds members to substitute the general compulsory and exclusive scheme for invalidity, old age and survivors and management in Article 2, paragraph 26 of the Law of 8 August 1995, No 335, the periods corresponding to the civil service on a voluntary basis after 1 January 2009 are redeemable, in whole or in part, at the request of the insured, and without burden to the National Fund of the Civil Service, in the manner laid down ' Article 13 of Law No 12 August 1962 1338 and subsequent amendments, and provided that these periods are not already covered by contributions in any of the schemes themselves. The redemption charges can be paid to social security schemes of belonging in a lump sum or in 120 monthly installments without interest for the application of the rescheduling. From 1 January 2009, the Fund ceases to National Service Civil payment of contributions for any period of civilian service provided by volunteers started on 1 January 2009.
Collection (Article 32).
Changes to the rules of procedure on the premium. Reshaping of the discipline on the return of advances made by the concessionaires of the National collection of the obligation under the so-called uncollected as received. Equitalia allocation of € 50 million for the year 2009. If you plan arrangement (Article 160, Rd 267 / 1942), the debtor can not propose the partial payment of tax on value added tax: it retains the possibility of deferred payment. The provisions in regarding the definition of debts are extended to debt retirement. To this end, shall provide by order of the Minister of Labour, in consultation with the Minister of Economy and Finance, to be issued within 60 days from the date of entry into force of the law of conversion of this decree. Notwithstanding the provisions of general legislation by the collection role in relation to persons who have adhered to the definitions facilitated (Law 289/2002), but then did not pay the sums due as a result of these definitions. Limited to these subjects, is, first, facilitated the aggression of their property: reduce from 5 thousand to 8 thousand euro to limit the amount below which the agent recovery can not proceed to the expropriation of real property, allowing you to directly initiate the expropriation (without prior registration of mortgage) even when the debt to be collected shall not exceed 5% of the value to be auctioned. The useless deadline for compliance to the folder payment immediately following the access by the agent of the collection, to data on financial ratios, including those relating to bank accounts and post office. These measures to strengthen the resilience of the sums in question by agents of recovery.
special bonds for public subscription and controls the parliamentary and local (Article 12).
To ensure an adequate flow of financing to the economy and an adequate level of capitalization of the banking system, the Ministry of Economy and Finance is authorized until December 31, 2009, to sign, on specific request of the banks concerned, tools Private financial rights mentioned in the 2351 Civil Code, to be counted as regulatory capital and issued by Italian banks whose shares are traded on regulated markets or by the parent company of Italian banking groups of actions which are traded on regulated markets. Financial instruments may be instruments convertible into ordinary shares at the request of the issuer. It can be predicted, for the channel, the right to repayment or redemption, provided that the Bank of Italy stating that the transaction does not affect the financial condition or solvency of the bank will 'of the banking group. The remuneration of the securities may depend, in whole or in part, by the availability of distributable profits in accordance with Article 2433 of the Civil Code. In this case the resolution by which the Assembly decides upon the allocation of profits is bound to respect the conditions of remuneration of such securities. The Ministry will sign the financial instruments provided that the transaction may be economical as a whole, taking into account market conditions and is functional to achieve the above purposes. The issuer must also make commitments defined in a protocol of intent with the Ministry of Economy, on the level and conditions of credit to ensure small and medium-sized enterprises and households, and dividend policy consistent with the 'need to maintain adequate capital levels. Issuers should also adopt a code of ethics contains provisions regarding management remuneration policies. The ethical code is sent to Parliament. On financing the economy, Economy Minister shall report regularly to Parliament providing disaggregated data by region and business category. At the prefectures is established a special observatory with the participation of interested parties, without cost to the State. The underwriting of securities is made on the basis of an assessment by the Bank of Italy of the economic conditions of the operation and computation of the securities in the capital. The body responsible for issuing subordinated bonds also decides on the issuance of the securities. The exercise of conversion option is a condition precedent to the decision regarding the capital increase. A decree of the President of the Council of Ministers, upon proposal of the Minister of Economy and Finance, will identify the resources needed to fund operations. Policies, terms and conditions of subscription of securities will be fixed by decree does not regulate the economy minister, after consulting the Bank of Italy, to be adopted within 30 days from the date of entry into force of this decree, which took place November 29, 2009.
Rates, freezing and reduction (Article 3).
From the date of entry into force of Decree Law (29 November 2009) until 31 December 2009 and was suspended the effectiveness of a rule authorizing or requiring governmental agencies to enact measures to adjust fees, subsidies and tariffs full of natural and legal persons in relation to the rate of inflation or other automatic mechanisms, with the exception of the measures for recovering higher costs incurred and the pricing of water services. WARNING. A note from the Ministry of Economy and Finance announced on December 2, 2008 that the suspension of tariffs set by the anti-crisis decree does not apply to highways, electricity and gas, which confirm the powers of their regulatory authority. The provisions of the decree says the MEF, "directed only at the block of rights and fees payable in respect of various services provided directly by the Public Administration. An example for all? Fees and charges due on the engine. " On 'highways, electricity, gas, etc., the note continues, does not apply block above because in the decree itself expressly confirmed the mechanism of pricing by the Authorities. " The increase in motorway tolls, says the decree, shall be suspended until 30 April 2009 will therefore be applied only with effect from 1 May 2009. By April 30, 2009 a decree of the President of the Council of Ministers, upon proposal of the minister of infrastructure and in consultation with the Economy, to be formulated by February 28, 2009, agree on measures aimed at creating conditions to accelerate the implementation of plans investment. The Authority for Electricity and gas makes a particular monitoring in the internal market on the price of electricity and gas natural with respect to the decrease in prices of petroleum products: by 28 February 2009 the Authority will make proposals to the relevant ministers to ensure that families can enjoy the benefits of decreasing. From 1 January 2009, the economically disadvantaged families who are entitled to the application of reduced rates for the supply of electricity also will be entitled to compensation expense for the supply of natural gas. Are also entitled to this compensation at least 4 families with dependent children with Isee no more than 20 thousand euro. The compensation is recognized with a different formula based on climate zone and parameters to number of family members, so to lead to lower spending by about 15 percent. To get the benefit must submit the appropriate application to the municipality of residence. What's new in the discipline of the electricity market for the pricing of energy.
Accelerate payments from public authorities and tax refunds and more than a decade (Article 9).
provisions to be phased out for the age-old problem of tax rebates, more than a decade. A decree of Economics and Finance, to be issued within 60 days from the date of entry into force of Decree 185/2008 (November 29, 2008), to decide how to encourage the involvement of insurance companies and SACE spa in the provision of guarantees intended to facilitate the collection of claims by suppliers of goods and services to government.
Speeding enforcement procedures for projects under the National Strategic Framework (Article 20).
A decree of the President of the Council of Ministers, upon proposal of the Minister responsible for matters and in consultation with the Minister of Economy, identify public investment under state jurisdiction, including utilities, with particular reference to the planned interventions in ' within the National Strategic Framework national programming, considered a priority for the economic development of the territory and the implications for employment and related reflexes social, in fulfilling the commitments made at international level. The decree was issued jointly with the minister for economic development where it relates to interventions planned under the National Strategic Framework national programming. As regards the intervention of regional powers by Decree of the President of the Regional Council. Respect of time specified by the decree shall oversee the implementation of special commissioners delegates, appointed by the same measures.
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