Credit transfer and invoice discount, the Revenue Agency identifies the risk profiles and methods of suspension of communication.
To implement the provisions introduced by anti-fraud decree, which inserted article 122-bis in the Relaunch decree, is provision of 1 December 2021 of the Financial Administration.
The decree law 11 November 2021, number 157 introduces the possibility for the Revenue Agency to adopt, within the first 5 days from the communication of the options, a suspension for up to 30 days.
This suspension is intended to allow preventive checks in particular cases risk profiles.
Credit transfer and invoice discount, the suspension procedures in the Revenue provision
Another piece is added to the use of the super bonus and of other building concessions through indirectly, through the transfer of credit and the discount on the invoice.
With the provision of 1 December 2021, the Revenue Agency implements the provisions of the anti-fraud decree.
The government provision, in addition to the extension of the obligation of compliance visa also to the direct use of the 110 per cent superbonus and the indirect use of the other building bonuses, provides for the possibility of suspension of the options by the financial administration.
The anti-fraud decree has in fact inserted article 122-bis in the Relaunch decree, which introduces the possibility of suspending the communications of options within the first 5 days and for one maximum duration of 30 days.
This article, moreover, al comma 5 establishes that i criteria, the modality e i terms for the implementation, even on a progressive basis, of the provisions are established with a provision of the Revenue Agency.
Provision which was published, in fact, on 1 December and which identifies i risk profiles and the procedures for suspending communication.
This provision refers to the risk profiles that can lead to Suspension, which refer:
- at the consistency and to regularity of the data indicated in the communications and options with the data present in the Tax Register or in any case in the possession of the Financial Administration;
- to the data relating to credits subject to transfer and to the subjects involved in the transactions to which said credits are related, on the basis of the information present in the Tax Register or in any case in the possession of the Financial Administration;
- ad similar sales previously carried out by the subjects indicated in the communications and options.
The practice document also lists the steps related to the suspension procedure and possible cancellation of the communication of the options.
- Revenue Agency – Provision of 1 December 2021
- Definition of the criteria and procedures for the suspension, pursuant to article 122-bis of the decree-law of 19 May 2020, n. 34, introduced by article 2 of the decree-law 11 November 2021, n. 157, of the communications of the transfers, even after the first, and of the options sent to the Revenue Agency pursuant to articles 121 and 122 of the decree-law of 19 May 2020, n. 34.
Credit transfer and invoice discount: the suspension and cancellation procedure
The procedure relating to the possible suspension of the communication of the options was established in provision of the Revenue Agency.
The first steps of the procedure are as follows:
- the suspension of communications referred to in article 121 of the law decree is communicated with receipt made available through the electronic services of the Revenue Agency;
- the suspension of the communications referred to in article 122 of the law decree is communicated with notice published in the same section of the reserved area of the Revenue Agency website through which the communication was sent.
The suspension concerns thefull content of the communication.
If in the period of suspension the elements that have determined the same are confirmed, the Financial Administration will make known thecancellation of the communication to the person who sent it.
The reason for cancellation and the communication is considered as not made.
In the event that the taxpayer has made use of an authorized intermediary, the person in question must inform the holder of the deduction or credit assigned of the cancellation.
The authorized intermediary must provide for forward the message of the Revenue Agency.
In the event that the risk elements are not confirmed, or in the event that the maximum suspension period has elapsed, the communications produce the expected effects.
In such cases, the term final use of the reportable credit is extended for a period of time equal to that of the suspension.
Generally the transferee can accept the credit through the specific functions inserted in the private area of the Revenue Agency website, after 5 working days from the receipt of the communication in question.