(Jamma) After the signature of the President of the Republic, the controversial Law Decree of 31 August 2013, n. 102 «Urgent provisions on the subject of IMU, other real estate taxation, support for housing policies and local finance, as well as Cig and pension treatments», promptly published in the «Official Gazette» no. 204/2013 today.
As announced yesterday by Palazzo Chigi, the final version of the 16 articles that make up the provision does not include the 50% deductibility of the Imu for Ires and Irpef purposes for the instrumental properties of companies and the partial restoration of taxability for income tax purposes deriving from vacant houses and landlord income from unleased land.
Among the changes in extremis of the provision compared to the draft approved by the Council of Ministers on Wednesday, a safeguard clause regulated by article 15 appears: in the event that the coverage envisaged in relation to the higher VAT revenue which should arise from the payments of debts to companies by the Public Administration and by the amnesty on the slot machine dispute – which should not be sufficient, the Government is authorized to increase the amount of Ires and Irap advances and excise duties for a total of 1,5 billion euros.
Possible increases in IRES and IRAP advances and excise duties in November
The Ministry of the Economy will therefore keep an eye on the VAT revenue in particular: "If this monitoring reveals a trend that does not allow the achievement of the higher revenue objectives indicated in the same letters, the Minister of the Economy and Finance, with its own decree, to be issued by November 2013, it establishes the increase in the amount of advances for IRES and IRAP purposes, and the increase in excise duties.
Art. 14 (Facilitated definition in appeal of administrative-accounting liability judgments)
1. In consideration of the particular opportunity to quickly achieve the effective repair of the tax damages ascertained with a first instance sentence, the provisions of article 1, paragraphs from 231 to 233, of the law of 23 December 2005, n. 266, and subsequent amendments, are also applied in judgments on facts that occurred even only in part before the date of entry into force of the aforementioned law, regardless of the date of the harmful event as well as to those relating to tax damages occurring within the date of entry into force of this decree, provided that the request for definition is presented in accordance with the provisions of paragraph 2.
2. For the purposes of applying the provisions referred to in paragraph 1, in the twenty days preceding the hearing for discussion and in any case by 15 October 2013, a specific request for a settlement must be presented and the sum indicated therein cannot be less than the 25 percent of the damage quantified in the first instance sentence; in such cases, the appellate section deliberates in private within the peremptory term of 15 days following the filing of the request and, if accepted, for the purpose of defining the judgment pursuant to paragraph 233, with a decree to be communicated immediately to the parties determines the sum due to be no less than that requested, establishing the peremptory deadline for payment by 15 November 2013.
