Among the most interesting and most effective provisions of Law Decree no. 34/2020 (Relaunch Decree) it is certainly necessary to include those contained in articles 121, 122 and 176 relating to the possibility of opting for the transfer of the credit accrued from tax deductions.
Tax deductions and alternative options
The art. 121 of the Relaunch Decree provided for the two alternative options (discount on invoices and credit transfer) relating to the tax deductions accrued for superbonus, eco-bonus, sismabonus, facade bonuses, photovoltaic and recharging columns. The following art. 122 governs the transfer of tax credits recognized by provisions issued to deal with the emergency from COVID-19. Finally, art. 176 relates to the holiday bonus, also in this case with the possibility of transfer.
The credit transfer platform of the Revenue Agency
For the choice of the two options, theRevenue Agency has developed a Credit Transfer platform, in which all the various steps of “transferable” tax credits to third parties can be brought together. A platform that has already been active for a few months and that has created many doubts for taxpayers. Just to clear up any doubts, the Revenue Agency has published a special guide in which it illustrates the functioning of the platform.
With Provision of 29 July 2021, n. 205147 having as object “Approval of the technical specifications for the electronic transmission to the Revenue Agency of the requests for acceptance or refusal of credit transfers present on the “Credit transfer platform”. Approval of the technical specifications for the outcome of the requests»The Revenue Agency has updated the instructions and technical specifications for the compilation and electronic submission of the form for the communication of the options for the discount on the invoice or the transfer of credit, relating to the Superbonus 110% and other deductions due for building interventions.
Removal of architectural barriers
The update, among other things, makes it possible to communicate the option also for the deductions due in relation to the removal of architectural barriers, if carried out together with other driving interventions that give the right to the Superbonus 110%.
In the new Provision it is recalled that:
- articles 121 and 122 of the decree-law of 19 May 2020, n. 34 (Relaunch Decree) provided for the possibility, for the holders of some tax credits of a subsidized nature and tax deductions for building interventions, to opt for the transfer of the credit or the deduction to third parties, or for the use of the deduction as discount on invoice;
- Article 176 of the aforementioned decree-law no. 34 of 2020 provided for the transferability of the credit accrued against the application of the discount relating to the so-called holiday bonus;
- the aforementioned provisions have broadened the field of application of the assignment of credit and the discount on the invoice, already envisaged for the energy redevelopment and seismic risk reduction interventions by articles 14 and 16 of the decree-law 4 June 2013, n. 63, pro tempore in force;
- the implementing measures of the aforementioned provisions have provided that the assignees must notify the Revenue Agency of the acceptance of the credit, in order to obtain full availability, through the functions made available in the reserved area of the Agency’s website;
- to this end, a specific web procedure has been developed, called the “Credit transfer platform”, accessible from the reserved area of the Revenue Agency website and usable by the transferees through the relative graphic interface.
The reasons for the new Provision
In the Provision it is specified that to facilitate the communication of the acceptances and refusals of the transferred credits, the provision itself approves the technical specifications to allow the transferees, instead of using the aforementioned web procedure, to electronically send to the Revenue Agency requests for credit acceptance and refusal, starting from 29 July 2021.