RENOVATION BONUS: latest news on credit transfer

Wastewater treatment plants, as provided for by Decree Relaunch, are included in the Renovation Bonus (which we have already discussed in detail here) with a tax deduction of 50% for taxpayers who carry out maintenance work, both ordinary and extraordinary, in condominiums or in single buildings. Following the amendments made by decree-law no. 4 of 2022 and decree-law 13 also of 2022, the credit transfer and the invoice discount must comply with strict anti-fraud rules that require second transfers only and exclusively to credit institutions or financial intermediaries.  

As of 08/03/2022:

To benefit from the 50% discount on the purchase price of DORABALTEA purification systems, individuals can transfer the tax credit ONLY to credit institutions and other financial intermediaries.

[elementor-template id="34415"]   THE COMPLETE TEXT from the Normattiva.it website: DECREE-LAW February 25, 2022, no. 13 Urgent measures to combat fraud and for safety in the workplace in construction, as well as on electricity produced by plants from renewable sources. (22G00021)   Entry into force of the provision: 26/02/2022 (Last update to the act published on 28/02/2022)  

((THE PRESIDENT OF THE REPUBLIC))

Seen the articles 77 and 87, fifth paragraph, of the Constitution;

Seen the penal code, approved in the definitive text  with  royal

decree of October 19, 1930, no. 1398;

Seen the decree of the President of the Republic of October 26  1972,

1. 633;

Seen the legislative decree of October 26, 1995, no. 504;

Seen the decree-law of May 19  2020,  no.  34,  converted,  with modifications, by the law of July 17, 2020, no. 77;

Seen the decree-law of January 27, 2022, no. 4;

Considering the extraordinary necessity and urgency to introduce appropriate and more incisive measures to combat fraud in the

sector of tax and economic benefits and in the field of public disbursements;

Also considering the necessity and urgency to introduce urgent measures on electricity produced by plants from renewable sources, as well as in the matter of the use of tax credits subject to

criminal seizure, of regulatory and contributory benefits, of the application of collective contracts and for the improvement of

safety levels in the workplace; Seen the resolution of the Council of Ministers, adopted in the

meeting of February 18, 2022;

On the proposal of the President of the Council of Ministers and the Ministers of Justice, Economy and Finance, of the

ecological transition and of labor and social policies;

And issues

the following decree-law:

Art. 1

Measures to combat fraud in the field of tax and economic benefits

1. The article 28, paragraph 1, of decree-law of January 27, 2022, no. 4, is repealed.
2. To  decree-law  of May 19  2020,  no.  34,  converted,  with modifications, by the law of July 17, 2020, no. 77, the following modifications are made:

The following modifications are made:

1. a) to article 121:

1) in paragraph 1, letter a) is replaced by the following:  «a)

for a contribution, in the form of a discount  on  the amount  due, up to a maximum amount equal to the  amount  itself, advanced

by the suppliers who have carried out the interventions and recovered by them  under the form of tax credit,  of  an  amount  equal  to the

deduction  due,  transferable  by  the  same  to  other  subjects, including credit institutions and other financial intermediaries,

without the possibility of subsequent transfer, without prejudice to the possibility of two further transfers only  if  made  in  favor  of  banks  and

financial intermediaries registered in the register provided for by article  106 of the consolidated banking and credit laws, of  which

to  legislative decree  of September 1, 1993,   no.   385,   companies belonging  to  a  banking  group  registered  in  the  register  of  which

to article 64 of the aforementioned  consolidated  banking  and credit laws or insurance companies authorized  to

operate in Italy pursuant to the legislative decree of September 7  2005,

1. 209, without prejudice to the application of article 122-bis, paragraph 4,

of this decree for each transfer occurring between  the  aforementioned subjects, even subsequent to the first;»;

2) in paragraph 1, letter b) is replaced by the following:  «b)

for the transfer of a tax credit of equal  amount  to  other

subjects, including credit institutions and other financial intermediaries, without the possibility of subsequent  transfer,  without prejudice to the

possibility of two further transfers only if made in favor of banks  and  financial intermediaries  registered  in the register  provided for by article 106 of the consolidated banking and credit laws, of which to legislative decree of September 1, 1993, no.  385,

companies belonging to a banking group registered in the register  of  which to article 64 of the aforementioned  consolidated  banking  and credit laws or insurance companies authorized  to operate in Italy pursuant to the legislative decree of September 7  2005,

1. 209, without prejudice to the application of article 122-bis, paragraph 4,

of this decree, for each transfer occurring between the  aforementioned subjects, even subsequent to the first.»;

3) after paragraph 1-ter, the following is inserted:  «1-quater.  Credits arising from the exercise of the options referred to in paragraph 1, letters a) and b), may not be subject to partial transfers

subsequent to the first communication of the option to the Revenue Agency made in the manner provided for by the  provision

of the director of the Revenue Agency referred to in  paragraph  7.  For this purpose, the credit is assigned a unique identification code to be indicated in the communications  of  any  subsequent  transfers,

according to the methods provided for  by  the  provision  referred to in  the  first period. The provisions of this paragraph apply to

communications of the first transfer or the invoice discount  sent to the Revenue Agency starting from May 1, 2022.»;

1. b) to article 122, paragraph 1, after the words «other intermediaries

financial»  the following are inserted:  «,  without   the   possibility   of subsequent transfer, without prejudice to the  possibility  of  two  further

transfers only  if  made  in  favor  of  banks  and  financial intermediaries registered in the register provided for  by article  106  of  the  consolidated

banking and credit laws, of which to legislative decree of September 1, 1993, no. 385,  companies  belonging  to  a

banking group registered in the register of which to article 64 of the aforementioned consolidated banking and credit laws or

insurance companies authorized to operate in  Italy  pursuant to the legislative decree of September 7  2005,  no.  209,  without prejudice to

the application of article 122-bis, paragraph 4, of this  decree, for each  transfer  occurring  between  the  aforementioned  subjects,  even

subsequent to the first».

1. To thearticle 17, paragraph 2, of legislative decree of July 9, 1997,
2. 241, after  the  letter  d)  the  following is inserted:  «d-bis)

to the tax provided for by the article 1, paragraphs from 491 to 500, of the law

December 24, 2012, no. 228;».

1. To the decree-law of November 6  2021,  no.  152,  converted,  with

modifications, by the law of December 29, 2021, no. 233,  the following modifications are made:

1. a) to article 1, paragraph 8:

1) the sixth period is replaced  by  the  following:  «The  tax credit is transferable, only in full, without the possibility of  subsequent transfer to other  subjects,  without  prejudice  to  the  possibility  of  two

further  transfers  only  if  made  in  favor  of   banks   and intermediaries financial registered in the register provided for by article  106

of the consolidated banking and credit laws, of  which to  legislative decree  of September 1, 1993,   no.   385,   companies 

belonging  to  a  banking  group  registered  in  the  register  of  which to article 64 of the aforementioned  consolidated  banking  and credit laws or insurance companies authorized  to operate in Italy pursuant to the legislative decree of September 7  2005,

1. 209, without prejudice to the application of thearticle 122-bis, paragraph 4,

of  decree-law  of May  19   2020,   no.   34,   converted,   with modifications, by the law of July 17, 2020, no. 77, for  each  transfer

occurring between the aforementioned subjects, even subsequent to the first. Contracts of transfer concluded in violation of the sixth  period  are

null.»;

2) the last period is replaced by the following:  «The  implementing  methods  of  the  provisions  relating   to   the   transfer   and   to

the traceability  of  the  tax  credit,  to   be   carried   out   electronically,   are   defined   by   the   provision   of   the   director

of the Revenue Agency.»;

1. b) to article 4, paragraph 2, the third period is replaced by the following: «The tax credit is transferable, only in full, without

the possibility of subsequent transfer to other  subjects,  without  prejudice  to the possibility of two further transfers only if made in favor of

banks  and  financial  intermediaries  registered  in the register  provided for by article 106 of the consolidated banking and credit laws, of which to legislative decree of September 1, 1993, no.  385, companies belonging to a banking group registered in the register of which

to article 64 of the aforementioned consolidated banking and credit laws or insurance companies authorized  to operate in Italy pursuant to the legislative decree of September 7  2005,

1. 209, without prejudice to the application of thearticle 122-bis, paragraph 4, of decree-law no. 34  of  2020,  converted,  with  modifications,

by the law no. 77 of 2020, for each  transfer  occurring  between  the aforementioned subjects,  even  subsequent  to  the  first.  The  contracts  of

transfer concluded in violation of the third  period  are  null.  The implementing methods of the provisions relating to the transfer and  to

the traceability  of  the  tax  credit,  to   be   carried   out   electronically,   are   defined   by   the   provision   of   the   director

of the Revenue Agency.».