Assumption of the tax debt of others e prohibition of offsetting: for payments it will be necessary to use the model F24, without the possibility of offsetting the creditors’ credits.
To provide the instructions for i payments of the debts of others and the measure published by the Revenue Agency on 24 September 2021, which arrives after almost two years now from the introduction of the possibility of paying the tax debts accrued by other subjects.
To introduce theassumption of the tax debts of others, provided for by the taxpayer’s statute, was article 1, paragraph 5 of law decree no. 124/2019, also providing for the prohibition of offsetting of the creditors’ credits.
Acceptance of tax debt and prohibition of offsetting: instructions for payments with form F24
The tax related to the 2020 Budget Law introduced the institution of taking over the tax debt of others, in implementation of the provisions of article 8, paragraph 2 of law no. 212/2000, the Statute of the taxpayer.
A provision from the Revenue Agency, published on 24 September 2021, was expected for the initiation of the measure.
The F24 form, to be submitted electronically, is theonly way for the payment of the tax debt. In case of compensation, the payment is considered not to have taken place and is therefore sanctioned.
In accordance with the provision of the Revenue Agency, the payment proxy will be refused if methods other than the electronic F24 are used and, likewise, in the case of use of the credits of the collector in compensation for the purposes of payment.
For the purposes of compilation of form F24, it will be necessary to indicate in the section “Taxpayer” the following data:
- in the field “Fiscal Code”, the tax code of the accollato, taxable person of the tax relationship and original debtor;
- in the field “Tax code of the co-obligator, heir, parent, guardian or bankruptcy trustee”, the tax code of the accollante, the person who makes the payment in place of the accolade, together with the code that will be identified with subsequent resolution.
- Revenue Agency – provision of 24 September 2021
- Implementation provisions of article 1 of the decree-law of 26 October 2019, n. 124, converted, with modifications, by the law of 19 December 2019, n. 157. Acceptance of the tax debt of others and prohibition of offsetting
Assumption of the tax debt of others, double penalty in case of violation
Payments made with different modes with respect to the sending of the electronic form F24, and in violation of the operating instructions provided by the Revenue Agency, will be considered omitted, that is, not happened.
The sanction foreseen is twofold, and affects both the accollato and the accollante.
In fact, the provision of 24 September 2021 reads:
“For the accollato, failure to pay entails the recovery of the unpaid tax and interest, as well as the application of the sanction referred to in article 13, paragraph 1, of legislative decree no. 471. The accollante is jointly and severally obliged with the accollato limited to unpaid tax and interest.
The sanction referred to in article 13, paragraph 4, of legislative decree no. 471, if the credit used exists. The sanction referred to in paragraph 5 of the aforementioned article 13 is applied to the same person, if the credit used is non-existent. “
The accolato will then have to pay one penalty equal to 30 per cent of the unpaid amount, reduced by half in the event of payment with a delay of no more than 90 days and, subject to the application of the active amendment, further reduced to one fifteenth per day of delay for payments made within 15 days. The underwriter will be jointly and severally obliged to pay the tax due and the related interest.
The principal will be sanctioned for an amount equal to 30 percent of the credit used, if any. In case of non-existent credit, the sanction it is instead equal to two hundred percent the extent of the credits indicated.
The Revenue Agency may notify the deed aimed at imposing the sanction and recovering the tax by 31 December of the eighth following year to the one in which the F24 form was presented in violation of the specific rules for the assumption of the debts of others.