With a “Warning” published on its website, the Inland Revenues inform companies and self-employed workers who have received covid aid not subject to taxation, of DO NOT indicate the aids themselves in the frameworks for determining business and self-employment income, in the Income models, and in the frameworks for determining the value of production of the Irap model. Furthermore, the State aid schedule does not need to be completed.
All this following a change to the reference standard that took place during the conversion of the Support bis in law.
In particular, art. 1-bis of Legislative Decree no. 73 of 2021, introduced during the conversion (law n.106 of 2021), repealed paragraph 2 of art. 10-bis of Legislative Decree no. 137 of 2020.
Paragraph 2 provided that “The provisions referred to in paragraph 1 shall apply, in compliance with the limits and conditions set out in the communication from the European Commission of 19 March 2020 C (2020) 1863 final “Temporary framework for state aid measures to support the economy in current emergency of COVID-19 “, and subsequent amendments, to the measures approved after the declaration of a state of emergency on the national territory which took place with the resolution of the Council of Ministers of January 31, 2020, and subsequent extensions”
Consequently, the application of the provision referred to in paragraph 1 of art. 10-bis, which provides for non-competition to the formation of taxable income for the purposes of income taxes and the value of production for the purposes of IRAP of contributions and indemnities of any kind paid exceptionally following the epidemiological emergency from COVID-19, is no longer subject to compliance with the limits and conditions set out in the aforementioned communication from the European Commission.
Therefore the following subjects:
- business, art or profession operators, as well as self-employed workers,
- who have received the aforementioned contributions and allowances
- they must not indicate the relative amount in the frameworks for determining business income and self-employment in the income models and in the frameworks for determining the value of production, in the IRAP model
- the subjects who fill in the RF part they can use the decreasing variation code 99 in place of the code 84
- and in the tables for determining the value of production, in the IRAP model, the subjects who determine the value of production pursuant to art. 5 of Legislative Decree no. 446 of 1997 they can use the decreasing variation code 99 in place of code 16
Furthermore, the same subjects do not even have to fill in the state aid statement contained in the aforementioned models with the codes:
- 24 help in the INCOME models
- and 8 in the IRAP model.
However, the agency specifies that taxpayers who have already sent the INCOME and IRAP form following the instructions provided in the relative instructions they are not required to rectify any statements submitted to account for this warning.