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The company is one of the main factors of change in the social fabric and, through the development of corporate welfare, represents a main actor in the growth of collective well-being. Businesses are…

Eight out of ten workers choose their job also on the basis of the company welfare plans offered and nine out of ten, among those who do not take advantage of them, would like to have the opportunity

What is corporate welfare

Corporate welfare is understood as the set of benefits and services provided by the company to its employees in order to improve their private and working lives, starting from support for family income, study, parenting, health protection, up to proposals for time and commercial benefits.

We are talking about a type of integrative welfare, therefore distinct from the public and state one, whose logic is based on collective benefits with clear and priority purposes of supporting income, family life and the balance between work and family needs.

The reference regulatory framework is based on the following pillars:

  • complementary social security (Legislative Decree 5 December 2005 n.252);
  • supplementary healthcare (Ministerial Decree 27 October 2009);
  • benefits or non-monetary benefits (Presidential Decree 22 December 1986 n.917).

The breaking point of state welfare

The national social and economic context is characterized by low economic growth and a continuous reduction in spending on services in GDP, which causes an increase in inequalities and a slowdown in development.

Italy has one of the highest total unemployment rates in the EU (8.1%), preceded only by Spain and Greece, which generates, together with other factors, an increase in requests for social security and protection. These requests are no longer fully and promptly responded to by public welfare, both in terms of types of benefits and in terms of their amount.

We are therefore moving towards overcoming the statist conception of welfare and a mixed system with the participation of the State, entrepreneurs, trade unions and third sector organisations.

The importance of corporate welfare for the community and the company itself

Improving the overall well-being of employees therefore becomes an objective of companies: it has been demonstrated that an increase in the general well-being of workers and the company climate corresponds to a direct increase in company productivity and an improvement in internal relations.

Companies operate in an ecosystem, within which they relate to a set of stakeholders (e.g. customers, suppliers, collaborators), and therefore have a social responsibility towards them. The objective for the company is therefore not only the generation of profit for its shareholders, but the distribution of wealth, culture, services and democracy.

87% of the world's workers are unmotivated and perceive work as something separate from life; this makes it essential to introduce a welfare plan capable of paying attention to the well-being of workers, providing adequate responses to their different needs: from the creation of a work environment characterized by low levels of stress, mutual trust, high degree of worker involvement, good relationships with colleagues and superiors, good work-life balance, job security and attractive salary level, up to other aspects such as the opportunity to travel, flexible working models, additional benefits, employee support programmes.the family.

Corporate welfare is to all intents and purposes a tool for engagement, employee loyalty, involvement in the company's objectives and attraction of new and young talent.

SMEs and corporate welfare

Not only large companies, but also small and medium-sized ones are progressively developing great sensitivity on the matter. In particular, the Italian SME sector presents ample margins for future growth in terms of planning and implementation of projects for the well-being of its employees: only a few use welfare plans, therefore benefiting only to a minimal extent from the opportunities that tax legislation offers.

From the survey of the Fondazione Studi Consulenti del Lavoro, in collaboration with Sodexo Benefits & Rewards Services Italia, on the spread of corporate welfare among small and medium-sized businesses and on its development prospects in the coming years, it emerges that the pandemic and inflation have led to an increase in companies' interest.

The request for corporate welfare tailored to SMEs is that it be lean, agile and flexible, but above all economically sustainable for a small company.

The design of a Corporate Welfare Plan requires diversified skills that cannot be traced back to the figure of the entrepreneur alone, therefore not only of a corporate nature, but also in labour law and tax matters. The professionals in these areas stimulate and accompany the entrepreneur in the management of human resources and in the construction of the welfare plan.

Further help is offered by technology, more precisely by corporate welfare platforms that help make the development and management of welfare plans easier, through automated procedures and numerous services to improve the quality of life and purchasing power of employees and their families. Among the numerous advantages that derive from using the platform, the main one concerns savings in terms of time and costs, therefore the optimization of efforts for the company, the consultant and the employee.

Companies of any size and geographic location can thus create successful corporate welfare plans limiting the organizational and management impacts on their resources.  

Do not hesitate to contact our consultants for further information regarding corporate welfare.

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The financial maneuver has landed in Parliament: first stop Palazzo Madama. The official text of the 2024 Budget Bill has 109 articles and among the solutions envisaged there are various measures to…

The measures of the new Bill: from the renovation bonus to short-term rentals with flat rate tax

After the authorization of the President of the Republic Sergio Mattarella, the 2024 Budget Law

The Bill introduces various innovations for those who own properties or rent a house

Mortgages for the first home

The measure extends until 31 December 2024 the special regime introduced by Legislative Decree Sostegni bis (Legislative Decree 73/2021, converted by law 106/2021), i.e. the guarantee measures for the request for financing, intended for young couples, single-parent families with minor children, tenants of IACP accommodation and young people under the age of 36.

The benefit is for the benefit of individuals with Isee not exceeding 40 thousand euro

The Bill provides for an increase in the Guarantee Fund

First home bonus: stop to the suspension of the deadlines for taking advantage of the benefits

From 31 October 2023, all the deadlines prescribed by the legislation on the "first home" benefit which had been suspended as a result of the Covid-19 epidemic will start again:

1) the buyer of a "first home" house" must transfer his residence, within 18 months from the date of the purchase deed, to the Municipality where the house subject to the subsidized purchase is located;

2) if the buyer of a "first home", at the time of purchase, was the owner of another house, previously purchased with the "first home" subsidy, he must sell the latter within one year from the deed of the new purchase;

3) the seller of a house purchased with the subsidy and then sold before five years must buy another home within one year in order not to suffer the forfeiture of the tax benefit obtained at the time of purchase;

4) in previous cases of mid-year repurchase the taxpayer also accrues a tax credit.

Changes to the tax regulations on short-term rentals

The bill raises the replacement rate from 21 to 26% in the case of destination for short-term rentals plus more than one apartment for each tax period. This rate applies to fees deriving from rental contracts for residential properties lasting no more than 30 days, outside of the exercise of business activities, which exercise the option for the application of the flat rate tax regime (Legislative Decree 23/2011). The rule in question:

  • intervenes exclusively on short-term rentals; therefore, for "other" rentals, in the case of the flat rate tax option, the rate of 21% continues to apply;
  • provides for the rate to be raised to 26% only in the case of rental of at least 2 apartments; therefore, in the case of short-term rental of a single apartment, the rate of 21% remains applicable.
  • The withholding tax made by real estate intermediaries / entities that manage online portals, in the event of collection / intervention in the payment of the fees / fees relating to the aforementioned contracts, remains unchanged at 21%.

    With the modification of paragraph 5 of the aforementioned art. 4, it is established that the withholding tax is considered to be made as an advance payment:

    • if more than one apartment is intended for short-term rental for each tax period;
    • or

      • the option for flat tax is not exercised.
      • Super bonuses and capital gains in the event of a paid transfer of renovated real estate

        From 2024, capital gains on the sale of the property on which 110% redevelopment interventions have been carried out (Superbonus), within ten years from the end of the works, will be taxed at 26%. In the calculation of the taxable base to be taxed, for the first five years, the renovation costs cannot be deducted from the capital gain and will be deductible at 50% for the following five years.

        Properties acquired by inheritance and those used as a first home are excluded.

        Furthermore, it should be noted that the Superbonus from 90% in 2023 will further decrease to 70% in 2024; it remains at 110% until the end of 2023 only for single-family homes and condominiums with works started in 2022.

        The 2024 budget calendar

        After the President's communications, the Bill was assigned to the Budget Commission in its reporting capacity and to the other Commissions in its consultative capacity. Based on the calendar, the Commissions that examine the text in a consultative session will be able to present their opinions by 10 November.

        The maneuver is expected in the Senate on 27 November and, after approval at Palazzo Madama, the text will be examined by the Chamber with the same procedure.

        If the definitive green light from parliament arrives by the end of the year, the planned changes would come into force from January 2024.

        As happens every year, the discussion in the Senate and the Chamber will bring news, corrections and additions to the text, on which the EU opinion expected by the end of November will also have weight.

        So, we will have to wait for the details of the measures that will come into force to become official.

        Short-term rentals: flat tax or Irpef?

        Out of a total of 3.6 million homes rented by individuals, 2.7 million landlords chose the flat tax; however, with the aforementioned increase in the rate to 26% one could consider giving up the flat rate tax and choosing ordinary taxation.

        The choice derives from the evaluation of three factors:

        1. The annual income.
          1. Additional charges.

            For example, for 1,000 euros of rent the flat tax of 21% is convenient.

            From the example we can see how the 26% coupon is not very advantageous, hence at least half of the landlords could opt for ordinary taxation. However, local surtaxes to Irpef can reduce the tax difference to the point of canceling it; in the range between 15 thousand and 28 thousand euros of income, the surcharge can reach a maximum of 3%, with a municipal surcharge of around 0.8%.

            1. The bonuses. Taxpayers who want or need to deduct deductions in their tax returns will prefer ordinary taxation, as they cannot be exploited in the tax return.
            2. For further information and to make fiscally advantageous choices, Malerba&Partners

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              This is the title of the event held on Thursday 16 November at Kilometro Rosso and organized by Allianz Bank Financial Advisors and Goldman Sachs with the participation of Malerba&Partners and Eftilia.

              At the center of the meeting was the theme of sustainable development for small and medium-sized Italian businesses but above all opportunities and advice for maintaining and strengthening competitiveness on the market thanks to sustainability.

              Particularly heartfelt was the speech by Gianni Malerba who, illustrating the first operational steps to be taken for a sustainability path for SMEs, also presented the Eftilia method. Among the audience were also many entrepreneurs who reported their personal experiences and contributed to the discussion. This, more than anything else, is an important signal: a change is underway in Italian business culture and in the evaluation of the importance of sustainability for the future of SMEs.

              Thanks also go to Emanuele Negro, Executive Director Goldman Sachs Asset Management, who in his speech focused heavily on the Green Economy theme, and to Carlo Ongis, Senior Partner Allianz Bank, who spoke about the CSR commitment and sustainability report.

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              The connection of the world, people, information and markets is now a reality. Expansion beyond national borders is one of the possible steps a company can take to grow and succeed…

              Network, business model, cultural respect

              Let's start from a fundamental assumption: business internationalization is not just for large industrial groups. Until the 1980s, it was certainly like this: only large groups could afford, in a world that was not yet globalised, to undertake huge investments abroad. Today, however, this is no longer the case. The phenomenon, in fact, also involves small and medium-sized businesses, particularly in the manufacturing industry.

              Despite the years of global crisis that we have experienced - and are still experiencing - the flows of capital and goods (import-export) have not stopped. This is stated in the Statistical Yearbook of Foreign Trade and International Business Activity for 2023 edited by Istat and ICE (Agency for the promotion abroad and the internationalization of Italian companies).

              The task, at this moment, of professionals and consultants like us at Malerba&Partners but also of public entities is to support companies in expanding their business abroad through a solid network and above all a well-studied expansion strategy.

              Possible paths for business internationalization

              One of the first steps towards the internationalization of the company is the export of goods and services. It is important because it begins to take the pulse of the foreign market, through direct or indirect export (i.e. through intermediaries/resellers). Close to export is certainly e-commerce, i.e. the possibility of selling directly to the user online. The advantage of direct export, through intermediaries or resellers or even e-commerce, is that of being able to gradually enter the foreign market with a relatively low investment rate: no branded distribution structures, out-of-pocket costs such as premises or utilities, etc. are necessary.

              Another possibility, more penetrating in the reference market than simple export, is that of Joint Ventures or strategic alliances which allow the company to pool resources and skills with international partners. The advantage, in this case, is to have a partner already present and established in the target country, capable of receiving information more quickly and above all better informed about local legislation.

              Foreign Direct Investments (so-called FDI) instead allow you to control commercial activities in a foreign country through the acquisition or creation of a new entity.

              Without a doubt the most penetrating hypothesis on the market is that of Franchising or Licensing. In this case, companies are allowed to expand by exploiting existing brands, technologies or business systems, gaining an advantage in terms of promotion and notoriety.

              The first golden rule: networking

              As seen, the Italian company that wants to enter a foreign market for the first time is not known and cannot leverage its national reputation or the word of mouth that is often generated by this. The first golden rule is, therefore, networking, that is, joining a network of professionals capable of studying the foreign market as best as possible, knowing its rules and exploiting its potential. From this point of view, licensing is certainly the best way to make yourself known, with the only disadvantage of being a roadquite expensive to travel.

              The second golden rule: business model

              When you decide to invest abroad, it is necessary to have a business model capable of withstanding the competition.

              The business model is important - indeed fundamental - to avoid being caught unprepared. The same rules already seen in the article dedicated to Industrial and Financial Plans apply [link embedded in article].

              However, it is useful to summarize some fundamental information and documents here:

              • Market Selection

              Identification of the most advantageous markets in which to invest. The choice falls on a market already evaluated/studied in the context of internal demand, economic growth factors and cultural affinity - we will return to this point below talking about the third golden rule, "respect"

              • Market Analysis

              A complete evaluation of the conditions of the "host" market, of the competitors, of the regulations in force in the sector

              • Strategy and Financial Planning

              Both visionary (i.e. a real Industrial Plan) and financial (Financial Economic Plan) capable of predicting market movements, tracing the path and finding funds (projection of costs, revenues and profits, sources of financing etc.)

              The third golden rule: respect

              When entering a country other than the one of origin, one of the first tools to achieve the success of the initiative is knowledge of laws and social norms, of the culture of the place, of its history and of the sensitivity that competitors, consumers and public authorities could demonstrate towards the new internationalized business activity.

              It is an important factor not only in strategic terms (to make the promotional message and strategy more accepted and avoid accidents and misunderstandings) but also in terms of sustainable medium-long term growth. We also talk about this on our page dedicated to Sustainability, in particular social and environmental.

              Establishing good social relations with those in the foreign country means creating connections capable of supporting the company not only today, but tomorrow, enabling it to seize otherwise difficult opportunities. Let's go back to the importance of the first rule, networking, and realize how interdependent these three rules are.

              Potential and risks of business internationalization

              It is clear that, like any type of investment, internationalization also poses risks for the company. One of these may be that linked to local regulations. Each state has a unique regulatory framework which can represent a complex challenge for a company that wants to internationalize. This is also why our Legal Consultancy service has the capabilities and network to overcome possible negative repercussions. The same goes for economic risks, i.e. those linked to the economic-political stability of the country and currency fluctuations, and for operational risks, logistical obstacles that could increase costs and complicate management. In our business, we respond to these two risks with the professionals of Corporate, Organizational Consulting and Strategic Planning.

              Finally, it is good to remember once again the risks linked to cultural differences which could create obstacles in the management of business and relationships with the network.

              All these risks, however, are certainly balanced and, indeed, overcome, by the potential of internationalisation.

              Without a doubt, among the potential of this strategy we find the opportunities to access new markets, new consumers, a new "public" capable of appreciating our product and/or service. This also leads to the possibility of exploiting the phenomenon of the economy of scale, increasing production and decreasing costs, thus lightening the company's coffers.

              The potential for economic diversification should not be underestimated: betting everything on a single market, a single country system, makes business activity highly dependent on the macro economic performance of that State; on the other hand, entering different markets reduces dependence and related risks, being able to exploit economic fluctuations.

              It is then necessary to underline how internationalisation, by its very essence, leads the company to broaden its views, makes it possible to come into contact with technologies and innovations different from the usual ones, making it accumulate a know-how that is difficult to achieve without this type of activity.

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              The 2024 Budget was published in the Official Gazette (Law 30 December 2023, n.213) and has been in force since 1 January 2024 with numerous fiscal innovations: from the extension of the First Home Fund to…

              The Chamber has given the green light to the budget law for 2024

              The final form of the maneuver mainly reflects the text proposed by the government, which the Bank of Italy, Confindustria and ISTAT had considered a prudent approach.

              As anticipated in the article "2024 Budget Law in the Senate: the main news for the house", the maneuver contains tax news and real estate in nature.

              Guarantee fund for the purchase of the first home

              Article 1, paragraph 7 and 8, of the maneuver confirms the extension to 31 December 2024 (deadline already deferred from 30 June 2023 to 31 December 2023) of the possibility of taking advantage of the maximum guarantee of 80%, from the Fund itself, on the principal portion of the mortgages for subjects who fall into the priority categories, or have specific income and age requirements, and assigns an additional 282 million euros for the year 2024 to the aforementioned Fund.

              The law adds family units among the subjects of the priority categories and applies to these specific provisions regarding the maximum guarantee that can be granted.

            FEEIRPEF (23%)DRY COUPON (21%)DRY COUPON (26%)
            €1,000€219€210€260
            Family unitMaximum guarantee that can be granted
            Children under 21ISEE limit
            3 children€ 40,00080%
            4 children€45,00085%
            5 children€50,00090%

            From 1 January the tax breaks for the purchase of a first home are no longer in force for those under 36 with an ISEE not exceeding €40,000 who therefore return to paying registration, land registry and mortgage taxes. However, the public guarantee for the mortgage remains in force if all the requirements necessary to obtain the benefits for the first home are met.

            Short rentals with flat rate coupon of 26%

            Article 1, paragraph 63, modifies the rate applicable to short-term rentals subject to flat rate tax, increasing it from 21 to 26 percent for rental payments of up to 30 days, from the second rental property onwards.

            The 21% rate continues to be applied to income deriving from the short-term rental of a real estate unit and the choice on which contract to apply this rate is left to the taxpayer when filing his tax return who will probably choose to apply it to the contract with the highest rental fee. It should be noted that in the absence of choice the ordinary rate of 26% applies.

            No. of real estate units in short-term rentalDry tax rate
            1Coupon at 21% (if requested)
            From 2 to 41 rent at 21% (on request) and the others at 26%
            5 or moreBusiness operations

            The news for subjects who carry out real estate brokerage activities or who manage online portals, if they collect or are involved in the payment of the related fees, is that the withholding tax (21% rate), made at the time of payment, is considered as a deposit in the case of short-term rental of more than one apartment in the tax period.osta.

            The law also updates the compliance methods by distinguishing between residents or non-residents in the European Union depending on whether or not they have a permanent establishment in a member state.

            It is provided that for the payment and certification with the mod. 770 of the withholdings made:

            • The non-EU or EU subject with a permanent establishment in Italy, or in an EU State, fulfills the obligations through the permanent establishment;
            • The non-EU subject without a permanent organization in an EU State fulfills the obligations through a tax representative;
            • The EU subject without a permanent organization in Italy fulfills the obligations directly or through a tax representative.

            In the absence of appointment of the tax representative, resident subjects belonging to the group of the non-resident subject without a permanent establishment are jointly and severally liable for the implementation/payment of the withholding tax.

            Remaining on the topic, last December new features were introduced regarding the amenities of properties in tourist rental. The properties must be equipped with compliant systems, combustible gas and carbon monoxide detectors and portable fire extinguishers. Furthermore, anyone who offers their property for short-term rental or for tourist purposes must have a National Identification Code (Cin), which will be used for anti-evasion purposes.

            Properties and Superbonuses

            With respect to what previously communicated, it is specified that the taxable capital gain deriving from the sale of buildings in the following 10 years from the completion of the works, is generated regardless of the length of time the property has been in possession and of the person (i.e. owners, tenants, borrowers or cohabiting family members) who has supported the expenses, as well as regardless of whether they have benefited from the deduction in the tax return or have opted for the transfer of credit or for the discount on the invoice.

            Any additional revenue will flow into a specific chapter of the state budget and will be allocated to the "Fund for the reduction of tax burden".

            The presentation of the "Declaration of change in the state of the assets" is required in relation to building interventions facilitated by the Superbonus and to allow the updating of the cadastral data. In this sense, it is provided that the Revenue Agency will verify the fulfillment of this obligation, also for the purposes of any effects on the cadastral income of the property, and will send any communication to the taxpayer.

            Revaluation of land and equity investments

            The budget law extends the provisions regarding the revaluation of the cost of purchasing land and shareholdings owned by natural persons, simple companies, professional associations and non-commercial entities, outside of business income.

            In detail, the assets affected by the revaluation are:

            • Building and agricultural land held by title, usufruct, surface and emphyteusis;
            • Listed or unlisted shareholdings held by title or usufruct.

            A substitute tax at a rate of 16% on the appraised value is set on assets owned on 1 January 2024. By 30 June 2024 the taxpayer must prepare and certify the appraisalestimate and payment of the substitute tax. The tax can be paid in a single payment or in three equal annual installments (annual interest equal to 3%).

            It should be noted that for the shares/rights traded on regulated markets/multilateral trading systems, the normal value referring to the month of December 2023 will be considered for tax purposes.

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La rimodulazione del modello di imposizione sui redditi delle persone fisiche e il passaggio da quattro a tre aliquote

The implementation of the first module of Irpef reform has been arranged

The gradual revision of theIRPEFpast monthsfrom four to three

Towards the new IRPEF

The Legislative Decree. 30 December 2023, n. 216 kicks off the tax reform through the revision of the Irpef discipline.

The central element of the provision is the transition from a system of four rates to a more streamlined one with three rates through the merging of the first two income brackets. The annual gross income brackets "up to €15,000over €15,000 and up to €28,000up to €28,00023%

The new rates for income brackets are determined as follows:

With the new system, the natural person with an income of 25,000 euros will have an annual tax advantage of 200 euros while with an income exceeding 28,000 euros the advantage rises to 260 euros.

The revision of tax deductions

The system deductionsdeductions

Limitedly to 2024, the deduction provided for total incomes not exceeding 15,000 euros increases from 1,880 euros to1,955 eurosit cannot be less than 1,380 euros

This revision increases the no tax area for employee income to 8,500 euros, aligning it with as already provided for those with pension income.

20232024
Income bracketsRateIncome bracketsRate
Up to € 15,00023%Up to €28,00023%
Above €15,000 and up to €28,00025%
Above €28,000 and up to €50,00035%Over €28,000 and up to €50,00035%
Over €50,00043%Over €50,00043%

A further change to the tax regime is given by the reduction of the amount of the overall deduction due in relation to particular expenses incurred by taxpayers with a total income exceeding 50,000 euros which amounts to 260 euros for 2024. The deduction relates to the following charges:

  • charges deductible at 19%, excluding healthcare expenses (for example, interest paid on mortgage loans for the purchase/construction of a main home, funeral expenses);
  • donations in favor of non-profit organisations, humanitarian, religious or secular initiatives;
  • donations in favor of political parties;
  • donations in favor of third sector organisations;
  • insurance premiums for risks linked to natural disasters.
  • The benefit cut only concerns Sole24Ore taxpayers

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    The short-term rental contract is a different rental formula in terms of duration, taxation and bureaucratic constraints which constitutes an innovative and rapidly expanding business opportunity.

    Taxation and safety: how short-term rentals are regulated in Italy

    What is meant by short-term rental?

    According to art. 4 of the Legislative Decree 50/2017, short-term rental are "rental contracts for properties for residential use with a duration of no more than 30 days, including those which provide for the provision of linen supply and room cleaning services, stipulated by natural persons, outside the exercise of business activities, directly or through entities carrying out real estate brokerage activities, including through the management of online portals."

    To be defined as entrepreneurial, an activity must be economic, carried out professionally and organized for the purpose of producing or exchanging goods and services, or if 4 or more properties are intended for tourist rental or if the owner provides the guest with additional services, for example breakfast, it constitutes the exercise of a business activity.

    The short-term rental contract can be stipulated directly by the owner of the property, by individuals who carry out real estate brokerage activities or by entities that manage online portals such as the well-known Airbnb. The 30-day deadline is to be evaluated in relation to each individual contract, i.e. the parties can stipulate multiple short-term rental contracts in one year.

    Taxation and obligations on the short-term rental contract

    The tax regime governed by article 4, paragraphs 2 and 3, of the Legislative Decree applies to income deriving from short-term rental contracts. n. 50/2017 and the provisions relating to the flat tax supplemented by the provisions contained in the Budget Maneuver 2024.

    Landlords can join the flat rate tax regime, which replaces IRPEF and related additional taxes. If the lessor does not explicitly choose this regime, the income from short-term rentals will be subject to ordinary taxation with proportional rates.

    From 2024, the dry tax rate of 21% is maintained only for the first property, which the landlord must appropriately identify in his tax return, while from the second to the fourth property the rate increases to 26%.

    The subjects who carry out real estate brokerage activities, if they directly collect the fees and considerations linked to short-term rental contracts or if they intervene in the payment, have the burden of operating as withholding agents by withholding a withholding tax as an advance payment of 21% at the time of payment to the beneficiary and making the relevant payment to the Revenue Agency.

    The law does not establish the obligation to register the contract with the Revenue Agency and does not provide regarding the form of the short-term rental contract, however, it leans towards the solution of the written form, linking the short-term rental contract to the general category of rental contracts, for which the legislation precisely providesthe written form.

    Furthermore, despite the lack of registration obligation, the Legislative Decree 113/2018 provides for the communication of guest data to the territorially competent police headquarters by the landlord or intermediaries.

    Anyone who carries out short-term rental activities as a business activity is subject to the obligation to certified notification of start of activity (SCIA) at the one-stop shop for productive activities (SUAP) of the municipality in whose territory the activity is carried out. In the event that this activity is carried out through a company, the SCIA is presented by the legal representative.

    CIN and safety requirements

    The Rilanci Decree introduces the obligation of the national identification code (CIN) for short-term rentals, as well as for tourist-accommodation, hotel and non-hotel facilities, standardizing any codes already issued at local level, with the entry into operation of the national database and the Telematic Portal of the Ministry of Tourism.

    Some regions, such as Lombardy and Puglia, and municipalities had already moved by assigning an identifying code and will now have to proceed with the recoding of the codes previously assigned, adding an alphanumeric prefix provided by the Ministry of Tourism.

    Regarding the release of the CIN, the Ministry assigns the code upon electronic submission of an application by the landlord, accompanied by a substitute declaration certifying the cadastral data of the real estate unit or structure and, for landlords, the existence of the safety requirements of the systems.

    The real estate units must be equipped with functioning devices for the detection of combustible gases and carbon monoxide as well as portable fire extinguishers in accordance with the law to be located in accessible and visible positions, in particular near the entrances and in the vicinity of the areas of greatest danger and, in any case, to be installed at the rate of one for every 200 square meters of floor, or fraction thereof, with a minimum of one fire extinguisher per floor.

    Subjects who grant short-term rental properties for residential use are required to display the CIN outside the building in which they are located, ensuring compliance with any urban planning and landscape constraints, as well as indicating it in each advertisement.

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    The Fund resumes its activity of valorising emerging contemporary photography

    FMF returns with a renewed spirit and a rich program

    Malerba Fund for Photography

    The Fund has been promoting contemporary photography as an art form for years, committing itself to the conservation of contemporary visual heritage and supporting new generations of artists.

    The key objective of the Malerba Photography Fund (FMF) is to support the strength and richness of contemporary and historical artistic photography, promoting young talents.

    The Fund organizes exhibitions, educational activities and events in collaboration with artists, curators, critics and university professors from the most important Italian and foreign institutions.

    Over the course of its activity, the Fund has collected more than 500 historical and contemporary photographs which are preserved in the FMF collection. The collection is constantly growing and welcomes new works by the most important international artists every year.

    Mila Award 2024

    After two years of interruption, the Fund returns to activity and announces the third edition of the Mila Award for Contemporary Photography, dedicated to the co-founder of the FMF.

    The Mila prize involves the definition of a shortlist of five artists whose works will be included in a collective exhibition. Among these, the winner will be awarded the acquisition prize worth €3,000.

    Participation is free and the necessary requirements are as follows:

    • under 40;
    • Italian citizenship, foreign citizenship with domicile and/or residence in Italy;
    • photographic project carried out during the last two years.

    The applications will be evaluated by a jury selected and composed of prominent exponents of photography and contemporary art: Caterina Angelucci, Matteo Balduzzi, Bernardo Follini, Francesca Lazzarini, Andrea Elia Zanini. Alessandro Malerba and Filippo Maggia supervise the jury.

    Until 10 April 2024 you can send your application by following the instructions here in detail.

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    Italy ranks 28th (and last) in Europe for female participation in the labor market, quality and job diversification. The strong gap in male and female participation in…

    Female employment and existing incentives

    Gender equality is a fundamental human right, as well as the cornerstone of a fully inclusive society that aims to improve the living conditions of people and communities.

    To date, women still do not enjoy equal participation in political, economic and public life, continue to be subject to discrimination and violence, receive lower wages and face cultural barriers to advancing a career.

    Although women are increasingly present in various working fields and reach prominent positions in some sectors, these changes are not yet systematic and strong imbalances remain.

    Italy last in Europe

    The dossier “Female employment” by the Research Service of the Chamber of Deputies, published last December, highlights the strong gender inequalities in Italy, which is at the bottom of Europe for the female employment rate.

    In the peninsula, the female employment rate "appears to be - according to data relating to the fourth quarter of 2022 - the lowest among the states of the European Union, being approximately 14 percentage points below the EU average: the employment rate of women aged between 20 and 64 was, in fact, equal to 55%, while the average EU employment rate was equal to 69.3%”.

    In the latest report, the Italian Alliance for Sustainable Development reports that the progress of the last seven years towards achieving the Goal 5 (Gender Equality) of the 2030 Agenda have been limited.

    Critical profiles

    The Chamber's report shows that the labor market is still characterized by a accentuated gender pay gap. According to the latest Eurostat data, the average pay gap (i.e. the difference in gross hourly pay between men and women) is equal to 5% (below the European average which is 13%), while the overall one (i.e. the difference between the average annual salary received by women and men) is equal to 43% (above the European average, which is instead equal to 36.2%). According to data from the INPS Observatory on private sector employees, in 2022 the average annual salary is constantly higher for the male gender: 26,227 euros for men versus 18,305 euros for women, with a difference of 7,922 euros.

    As reported by the periodic survey on the evolution of wages carried out by ODM Consulting the gender pay gap in Italy stands at 10.7% in 2023.

    A further critical issue concerns the characteristics of the employment: largely precarious and in low-profit or not very strategic sectors, with a large prevalence of part-time jobs.

    The low participation of women is determined by various factors, including the absence or scarcity of services that help reconcile life and work. One in five women leaves the job market following motherhood and the decision is determined for over half of women (52%) by work-life balance needs and for 19% by economic considerations. The employment rate of women aged between 25 and 49 with childrenthose under the age of 6 is equal to 55.5%, while that of women of the same age without children is 76.6%.

    According to the ISTAT SDGs 2023 Report, the division of the workload for family care between men and women is not improving. In this scenario, education is a protective factor for the employment of women with young children: the employment difference between the status of mother and non-mother is very low in the presence of a higher level of education, with an indicator value of 91.5%

    Incentives for gender equality

    The legislator has provided for certain contribution exemptions in favor of employers who hire women, with the aim of supporting the entry and strengthening of the presence of women in the world of work.

    Companies that hire on a fixed-term or permanent basis or transform a previous fixed-term contract into a permanent one are entitled to a reduction in the contributions owed by the employer equal to 50% for 2024, with no limit on the annual amount.

    The benefit refers to female workers:

    • at least 50 years of age and unemployed for over 12 months;
    • of any age, resident anywhere and without regularly paid employment for at least 24 months;
    • of any age, without regularly paid employment for at least 6 months and resident in a disadvantaged area;
    • of any age, without regularly paid employment for at least 6 months with professions or work activities in economic sectors characterized by an accentuated gender disparity.

    The maximum duration of use of the incentive is equal to:

    • 12 months in the case of a fixed-term contract;
    • 18 months in the case of a permanent contract or transformation of a previous relationship into a permanent contract. In the latter case, if the relationship was facilitated from the origin, the duration starts from the date of hiring, vice versa from the date of transformation.

    The hiring of unemployed women who are victims of violence on a fixed-term or permanent basis, as well as the transformation of a previous fixed-term contract into a permanent contract, gives the right to a total exemption from contributions, up to a maximum amount of 8,000 euros per year.

    The duration of the benefit is equal to:

    • 24 months if the contract is for an indefinite period;
    • 18 months in the case of transformation to a permanent one and the calculation takes place from the date of hiring to a fixed-term contract;
    • 12 months if the contract is for a fixed term.

    The contribution exemption is valid for the three-year period 2024-2026 and is considered state aid and therefore subject to the limitation of 300,000 euros for 3 financial years.

    Women's businesses

    In the 2023 annual report, Istat reports that female businesses active in 2020 were 1 million and 200 thousand (around 27% of the total), operating mostly in the service sector (69% compared to 51% of male businesses), characterized by a higher incidence in the tertiary sector.

    In order to encourage female businesses, the 2021 budget law established the Women's Enterprise Fund, with programs and initiatives for the dissemination of the culture of entrepreneurship among the female population, training programs and orientation towards STEM study paths and towards typical professions of the digital economy.

    For 2024, the Made in Italy DDL has allocated new funds for female entrepreneurship, amounting to 10 million euros. We talk about fizero-interest subsidized financing, with a maximum duration of 10 years for projects involving investments of up to 3 million euros up to a maximum coverage of 90% of eligible expenses.

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    The Legality Rating is an innovative tool developed by the Competition and Market Authority (AGCM) in agreement with the Ministries of the Interior and Justice.

    Requirements and advantages of the instrument that recognizes rewards for those who operate according to the principles of legality

    The legality rating is a synthetic indicator introduced in 2012 for Italian companies, aimed at the promotion and introduction of principles of ethical behavior in the corporate environment, through the assignment of a "recognition" - measured in "stars" - indicative of the respect for legality by the companies that have requested it and, of the degree of attention placed in the correct management of your business. The regulation links the attribution of the rating to advantages in the granting of public financing and concessions for access to bank credit.

    Rating attribution process

    The legality rating is assigned by the Competition and Market Guarantor Authority AGCM. Companies (both individual and corporate) that satisfy the following requirements can request the attribution of the rating:

    • operational headquarters in Italy;
    • minimum turnover of two million euros in the financial year closed in the year preceding that of the application;
    • registration in the company register for at least two years as of the date of the application;
    • compliance with the other substantial requirements required by the Regulation.

    This recognition takes the form of a score between a minimum of one and a maximum of three "stars".

    The requesting company obtains the basic score ★, if it complies with all the requirements set out in article 2 of the Implementing Regulation on Legality Rating. The basic score may be increased by a "+" for each additional requirement that the company respects among those provided for in the art. 3 of the Regulation. Achieving three "+" results in the attribution of an additional star, up to a maximum score of ★★★.

    The legality rating lasts two years from issuance and is renewable upon request.

    The advantages of the legality rating

    The Legality Rating allows companies to have numerous competitive advantages.

    The attribution of the Rating increases the power of the company image: a company that has the Rating improves its clarity and transparency in operating and is recognized by other players on the market as a healthy and virtuous subject. Consequently, the attribution of the Rating favors opportunities to do business and clearly distinguish oneself from one's competitors.

    Public administrations, when preparing provisions for granting loans to businesses, take into account the legality rating attributed to them, according to the methods established in the decree itself, providing at least one of the following reward systems for businesses in possession of the rating:

    • preference in the ranking;
    • attribution of additional points;
    • reserve share of the allocated financial resources.

    The reward system or systems are chosen in consideration of the nature, extent and purpose of the financing, as well as the recipients and the procedure envisaged for disbursement and can be graduated based on the score achieved when assigning the rating.

    The bankstake into account the presence of the legality rating attributed to the company in the preliminary investigation process for the purposes of reducing the times and costs for granting loans.

    Furthermore, the banks consider the legality rating among the variables used for the evaluation of the company's access to credit and take it into account in determining the economic conditions of disbursement, where they find its relevance with respect to the performance of the credit relationship.

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    La domanda globale di acqua corrente aumenta dell'1% all'anno, in un mondo che ne dispone sempre meno e dove ancora troppe persone non hanno accesso all'acqua potabile. Gli impatti del cambiamento climatico…

    Water is a precious resource and industrialization processes are making it increasingly less available

    Water is essential for life at all levels, from individual cells to entire ecosystems, and has played a fundamental role in the development and evolution of civilizations that have always sought to settle near freshwater sources to exploit their properties for agriculture, hygiene, transportation and food production. Since then, people's daily lives have always revolved around access to water, making it a vital resource for human progress.

    World Water Day

    The World Water Day, or World Water Day, was proclaimed by the UN following the Rio Conference in 1992 with the aim of promoting the sustainable management of water resources.

    The UN 2030 Agenda for sustainable development has set Objective 6 "Clean water and sanitation" which includes, in addition to equitable and universal access to drinking water and sanitation services, the protection and rehabilitation of water-related ecosystems.

    According to the World Health Organization (WHO) and the United Nations Children's Fund (UNESCO), in 2022:

    • 2.2 billion people lacked safely managed drinking water;
    • 115 million people drank surface water;
    • 3.5 billion people lacked safely managed sanitation.

    The theme chosen for World Water Day 2024 by the United Nations is “Water for Peace” which reflects on the fundamental role of water in the stability and prosperity of the world.

    Water can be an instrument of peace but it can also trigger conflicts when it is scarce or when access is denied. Where water is scarce or polluted, or people have unequal or non-existent access, tensions between communities and countries can increase.

    More than 3 billion people worldwide depend on water that crosses national borders. However, out of 153 countries that share rivers, lakes and aquifers with their neighbors, only 24 countries report having cooperative agreements for all of their shared waters.

    With the increasing impacts of climate change and the growth of the global population, it is increasingly necessary to act starting from the awareness that water is not just a resource to be used and conquered, but is a human right, intrinsic to every aspect of life.

    Water and climate: two related crises

    Problems related to water, drought on the one hand and floods and inundations on the other, are destined to worsen throughout the world with the climate crisis. Over 2 billion people find themselves in situations of water insecurity or suffering and there are also millions of animal and plant species at risk.

    According to the Intergovernmental Panel on Climate Change (IPCC), the ongoing temperature increase will be accompanied by major changes in the water cycle throughout the planet, with humid areas becoming much wetter and arid areas being subject to more intense droughts and for longer periods.

    In the last thirty climatological years 1991–2020, with a value that amounts to more than 440 mm, the availability of water has decreased by 20% compared to the historical reference value of 550 mm (ISPRA 2022).

    This reduction, due to the impacts of climate change, can be attributed not only to the decrease in precipitation, but also to the increase in evaporation from bodies of water and transpiration from vegetation, due to the increase in temperatures.

    The framework outlined by ISPRA (Higher Institute for Environmental Protection and Research) estimates that the reduction in annual water availability will range from a minimum of 10% (short-term projection) if an aggressive mitigation approach is adopted in reducing greenhouse gas emissions, to a maximum of 40% (reaching up to 90% for some areas of Southern Italy) in the projection to 2100 if greenhouse gas emission levels maintain current levels.

    State of water resources

    In 2023, Istat photographs Italy's water situation, highlighting many critical issues.

    For more than twenty years now, Italy has been at the top in Europe for the overall quantity of fresh water consumed for drinking purposes. In per capita terms, Italy is second in the EU with a consumption of 155 cubic meters per year. According to the World Resources Institute in 2040 Italy will be under serious water stress.

    To direct consumption (for example for washing, cooking, cleaning), there is added indirect consumption linked to the so-called hidden water, i.e. used in the production of goods and services. Each production phase to create a finished product can consume water and the sum of all these consumptions represents the daily water footprint.

    90% of the water footprint is determined by food and it is estimated that each person "eats" on average 5,000 liters of water per day. For example, meat is the most water-intensive food.

    Agriculture is the thirstiest economic sector, accounting for around 90% of global water consumption. Another sector with high intensity of water consumption is the textile industry, with approximately 93 billion cubic meters of water per year.

    A critical aspect of the Italian case is the presence of an antiquated and inadequate infrastructure system, characterized by water losses in the distribution network which in 2020 were equal to 42.2% of the volume of water injected. The water crisis is not only due to a shortage of raw materials, but rather to the lack of adequate systems and networks covering the entire water cycle.

    What to do

    It is imperative to address the changes underway by developing a new model of well-being aimed at eliminating water waste, reducing and rationalizing its use, and guaranteeing its fair distribution.

    For example, with regard to the Italian case, the modernization of the water network is the main project that would make it possible to recover at least part of the 3.4 billion cubic meters that are wasted every year. Furthermore, through the purification and reuse of waste water, approximately 8.5 billion cubic meters of water could be recovered (approximately 30% of the water consumed annually) to be used for agriculture and field irrigation.

    The role of companies is to guarantee sustainable management of water resources in the company's production processes and factories, through a rigorous policy on water consumption and the reuse of resources in order to reduce the environmental and social impact of production activities and the use of dangerous materials and chemical products.

    In addition to raising awareness of their ownstakeholders, organizations can then join and implement projects that contribute to guaranteeing universal and equitable access to water and ensuring adequate sanitary conditions.

    To achieve SDG 6 Malerba & Partners has decided to contribute to the Wami project, the Italian company that aims to change the world "one bottle at a time".

    WAMI aims to bring drinking water to as many people as possible, leaving a positive environmental impact. Each bottle of WAMI donates 100 liters of drinking water and contributes to the creation of water projects involving communities without access to this resource: from the construction of the aqueduct to the creation of the water network that connects each family in the community with a single tap.

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    Secondo la Commissione europea, gli edifici sono responsabili del 40% dei consumi energetici e del 36% delle emissioni di gas a effetto serra dell’Unione. La Direttiva sull'Efficienza energetica degli edific…

    The EU Parliament approves the directive that designs the green future of housing

    The Green Homes Directive (or EPBD, Energy performance of buildings directive) is a legislative initiative of the European Union on the energy performance of buildings which marks an important step towards the realization of the EU's objectives in terms of emissions reduction, in line with the commitments of the Paris Agreement and the European Green Deal.

    The Directive aims to reduce emissions from the building sector by 60% by 2030 to achieve climate neutrality by 2050. In this sense, each EU country will have to adapt residential buildings until achieving complete decarbonisation.

    Times and methods

    Each member state is called upon to define the interventions suitable for achieving, by 2050, a zero-emissions building stock.

    In line with the nature of the directive, each state establishes ways to reduce the consumption of its building stock according to the intermediate deadlines set by the directive:

    • newly built private buildings will have to be zero-emission starting from 2030 and public buildings too from 2028;
    • residential buildings will have to reduce their average energy consumption by 16% by 2030, and by 20-22% by 2035;
    • non-residential buildings will have to reduce their energy consumption average of 16% by 2030 and 26% by 2033.

    Each state will draw up the national restructuring plan, indicating a roadmap and objectives to follow, which must be updated every 5 years.

    By 2040, methane gas boilers will have to be totally eliminated and, starting next year, member countries will no longer be able to offer tax incentives for the purchase or installation of these heating systems.

    Among the fundamental interventions, thermal insulation, the replacement of fixtures, the adoption of more efficient heating systems, such as hybrid or solar thermal heating systems, and the electrification of heating systems stand out.

    The new EU Directive provides some exceptions and does not apply to agricultural and historic buildings, and member countries can also decide to exclude buildings protected for particular architectural or historical value, temporary buildings, churches and places of worship.

    New Buildings

    Buildings must be designed and constructed in such a way as to minimize their environmental impact throughout their entire life cycle, from construction to demolition. This includes the efficient use of resources, waste minimization and the use of sustainable materials.

    New buildings will have to be energy efficient, i.e. consume the least possible amount of energy for heating, cooling, lighting and other services, thus reducing greenhouse gas emissions and also bringing significant savings on energy costs.

    The Directive requires new buildings to be renewable energy ready, which means they must be designed to easily integrate renewable energy technologies in the future, for example through the pre-installation of infrastructure for solar panels or heat pumps.

    Renovation of Existing Buildings

    Achieving the final goaland it cannot depend only on new green buildings, but renovations play an important role.

    Each Member State will have to adopt a national plan which provides for the progressive reduction of the energy consumption of residential buildings through the renovation of the existing building stock. The only constraint will be to guarantee that at least 55% of the reduction in average primary energy consumption is achieved through the renovation of the buildings with the worst performance, the most energy-intensive ones.

    According to the Directive, existing buildings that undergo major renovations will have to comply with the same energy efficiency standards required for new buildings.

    In suitable existing buildings, the installation of solar panels will take place gradually starting from 2027.

    Italian situation

    In Italy, over 82% of buildings are residential, i.e. 12 million out of a total of 14.5 million, 6 buildings out of 10 have an average age of 59 years and a poor energy class, G or E. (Source: Istat, ENEA)

    By 2050, buildings with the least performing classes F and G will have to be subject to renovation works aimed at improving insulation and energy efficiency.

    According to the ENEA Superbonus report, the subsidized efficiency interventions concerned 480,815 buildings, or approximately less than 5% of the real estate portfolio affected by the directive, with a total value of the works completed over 113 billion euros.

    The EU Commission has made it known that it will not provide new funds: it will therefore be possible to count exclusively on allocations such as the Pnrr, the Social Climate Fund and the Cohesion Funds.

    The directive will admit among the forms of support those that guarantee tax reductions such as tax deductions and credits. The EPBD also mentions the forms of support that allow savings directly in citizens' bills.

    Next steps

    The Green Homes Directive will complete its legislative process with its adoption by the Council and will officially enter into force twenty days after its publication in the Official Journal. Furthermore, by 2028, the European Commission will review it again for any necessary corrections.

    From its entry into force, Member States will have two years to transpose the Directive and apply it using the national and European resources available.

    The European Commission estimates that by 2030, 275 billion euros of investments will be needed per year for the energy transformation of the building stock, i.e. 152 billion per year more than current resources.

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    A new tax credit has been introduced with the PNRR decree in order to encourage the digitalisation and transition of production processes to an efficient, sustainable and energy-based energy model…

    6.3 billion for green and digital investments by businesses

    National Transition 4.0 Plan

    The Transition 4.0 plan was financed as part of the "Digitalization, innovation and competitiveness of the production system" of the PNRR, with a financial allocation of13.381 billion euros

    • purchase of material goods;
    • purchase of 4.0 intangible assets (e.g. advanced software);
    • purchase of traditional intangible assets (e.g. basic software);
    • research and development activities;
    • 4.0 training activities.
    • The 4.0 tangible and intangible assets subject to the incentive regime are specified in the two Annexes (A and B) prepared by the then Ministry of Economic Development.

      Specifically, the forms of support included in the Transition 4.0 plan have their roots in 2016National Industry 4.0 Plan

      Transition 5.0 underway

      The Transition 5.0 Plan, published in the Official Journal of last 2 March within the Legislative Decree 19/2024 containing the implementing provisions of the PNRR has coverage of 6.3 billion euros divided as follows:

      • 3.78 billion euros for capital goods;
      • 630 million for training;
      • 1.89 billion euros for goods necessary for the self-production and self-consumption of energy produced from renewable sources.
      • The 5.0 bonus is applicable in works that involve a reduction in the energy consumption of the production unit of at least 3%, which rises to 5% if calculated on the process planned for the investment.

        Investments in new tangible and capital goods indicated in the annex Aannex B

        The tax credit provided for by the Transition Plan 5.0 is aimed at all Italian companies, regardless of legal form, sector, size and tax regime.
        Activities in voluntary or compulsory liquidation are excluded.

        The tax credit is equal to:

        • 35% for investments up to 2.5 million euro;
        • 15% for investments exceeding 2.5 million euros and up to 10 million euros;
        • 5% for investments exceeding 10 million euros and up to the maximum limit of 50 million eligible costs per year for each beneficiary company.
        • The bonus can cover 40% or 45% of the expenditure if it is demonstrated that the investment allows for a reduction in energy consumption of more than 6% or at 10%.

          Plan 5.0 introduces among the eligible expenses also those on training, if they do not exceed 10% of the total investments, a maximum ceiling of 300,000 euros. Electronic requests for access to the bonus must be forwarded on the GSE portal. 4.0 underlined the urgency of technological equipment5.0ecological and social benefits

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    Among the new features of the tax reform is the introduction, starting from 2024, of the biennial arrangement with creditors (CPB) in favor of smaller taxpayers. Access to the agreement…

    The new compliance institute aimed at encouraging the spontaneous fulfillment of declaration obligations

    The biennial composition with creditors is the tool that allows smaller businesses and professionals to agree in advance on the business or self-employment income to be declared in the tax period covered by the composition on which the taxes will be paid, regardless of the income actually earned.

    The objective of this tool is to generate greater taxpayer participation in the tax assessment mechanism, with the aim of identifying the tax to be paid.

    Interested parties

    The Legislative Decree no. 13/2024 introduces the biennial preventive agreement (CPB) which can be accessed for the two-year period 2024 - 2025 by holders of business income and self-employment who carry out activities in Italy with revenues and compensations not exceeding €5,164,569:

    • who apply ISAs, i.e. who carry out an activity for which ISAs are foreseen and have no causes for exclusion from them (in 2023);
    • in a flat-rate regime;
    • in the absence of tax/contribution debts or repayment of the same amounts ≥ €5,000 by

    on October 15, 2024.

    Instead, in addition to those for whom there is a cause for exclusion from the ISA, all those for whom one of the following causes for exclusion exists cannot access the CPB:

    • failure to submit the tax return in one of the three years preceding the years of application of the agreement;
    • conviction for crimes relating to income taxes and VAT, false corporate communications, laundering/use of money, goods or utilities of illicit origin/self-laundering, committed in the three years preceding those of application of the agreement;
    • beginning of business in the tax period preceding the one to which the agreement refers proposal.

    Proposal from the tax authorities and acceptance by the taxpayer

    The Tax Office's proposal is based on a calculation methodology that takes into account the information present in the databases as well as the data relating to the period prior to the agreed one present in the ISA model and more generally in the tax return.

    By 15 June 2024 the Revenue Agency will formulate an income proposal through a specific IT procedure which the taxpayer is free to accept or not by ticking a specific box on the tax return by 15 October 2024.

    The agreement has no effect for VAT purposes, the formal obligations as well as payment of the tax remain those ordinarily required and instead has effect for social security purposes, without prejudice to the possibility of paying contributions on actual income.

    In the tax periods covered by the agreement, the ordinary tax obligations continue to exist and therefore the interested parties are required to comply with the ordinary accounting and declaration obligations and to communicate the data by submitting the forms. ISA.

    After the two years covered by the agreement, if the aforementioned requirements are met and in the absence of causes for exclusion, the Revenue Agency formulates a new proposal for an agreement relating to the following two years.

    Advantages and critical issues

    The two-year preventive agreement has multiple advantages:

    • ensures greater fiscal stability for the taxpayer and reduces the risks of possible disputes to a minimum;
    • aims to simplyficate the lives of taxpayers by offering greater predictability;
    • protects from additional taxes on any higher incomes than those agreed upon;
    • excludes the possibility of assessments on the basis of simple presumptions;
    • exempts from compliance visa for compensations and refunds up to 50,000 euros in VAT and up to 20,000 in taxes direct.

    The main critical issue is found in the case of actual incomes lower than the agreed one. Only where the actual income is lower than the agreed one by more than 50% due to exceptional causes can the agreement cease to produce effects, thus allowing the revision of the taxes due based on the actual incomes.

    In conclusion, taxpayers who have regularly declared all the income earned will predictably have little interest in the CPB, since, to obtain advantages, they would have to bet on an increase in their future income; on the other hand, taxpayers who have failed to declare part of their income could evaluate the new tool with greater interest, as data that do not reflect the taxpayer's real earning capacity would be taken as a reference.

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    The entrepreneur should plan the financial economic activities in relation to the investments developed, the expected sales and the costs of the services/products to be created. The reform of the Code of…

    The role of Financial Planning and Management Control in Adequate organisational, administrative and accounting structures

    The governance of a company can adopt two attitudes:

    • reactive i.e. waiting for events to occur before making any decisions;
    • proactive i.e. trying to predict events so as to anticipate decisions.

    In the face of an increasingly complex competitive context, it is ineffective to operate according to a "day by day" approach and the legislator asks the entrepreneur to adopt a logic of strategic planning and financial economic programming by choosing a rational and anticipatory management style.

    Future-oriented vision

    It is necessary to move from management control oriented towards the past towards a system mainly oriented towards the future.

    Traditional accounting systems provide information on events that are now in the past and therefore lag behind the opportunity to implement corrective actions. The company needs to use predictive control systems of events so as to prepare suitable measures for the growth of value and with the utmost attention to potential scenarios.

    The entrepreneur should apply a forward-looking vision by integrating the management control system composed of budget analysis, indices and past data, with periodic economic and financial budgets (monthly, quarterly, etc.) and the use of forecast techniques, i.e. continuous and updated projections and simulations, aimed at evaluating the impact on business continuity of possible different scenarios (what-if analysis) and the real feasibility of investments programmed.

    The adoption of adequate structures is functional in preventing the crisis and represents an opportunity for the development of the company, managerial skills and organizational factors. Furthermore, considering the issues of sustainability, the presence of a solid and efficient governance structure is fundamental for the development of a corporate path capable of integrating economic, social and environmental considerations in its decision-making choices and which aims to develop constructive and lasting relationships with stakeholders.

    Management control and financial planning

    Careful planning of financial needs and actions to limit risks is fundamental for good business management.

    According to the provisions of the Crisis Code, the administrative, organizational and accounting structures are considered adequate if the entrepreneur has implemented an efficient and effective management control system which is divided into the following phases:

    1. Activity planning: a credible, real and implementable short-medium term strategic plan is developed;
    2. Operational: company resources and skills are identified and mobilized to bring the strategic plan to life;
    3. Reporting: it is an activity that involves all company areas and has the aim of verifying whether the company plans are aligned with the operational;
    4. Evaluation: review of business plans, from the increase or decrease in the resources originally used to the correction of any errors committed in the strategic and operational phase.

    The operational tools to support management control are identified in the first place in the drafting of the flexible budget. It is the tool for planning and programming the company's activity as a whole which includes a set of budgets drawn up by the specific functional areas (for example the cost budget and the sales budget). The concept of flexibility is linked to the possibility of intervening following the periodic monitoring of the objectives achieved and analyzing the deviations to delve deeper into the underlying reasons.

    Other tools are:

    • Drafting of a medium-term industrial-financial plan (or treasury budget) for estimating revenues, costs, credit collection and debt payment times;
    • Budget analysis by indices and financial flows;
    • Drafting of a free cash flow plan for any new initiatives;
    • Control and monitoring of warehouse;
    • Cost analysis and margin analysis;
    • Role of the controller;
    • Application of indicators that summarize the performance of management in a given figure compared in space and time.

    The monitoring activity is based on specific performance indicators KPIs (key performance indicators) which allow the analysis of any deviations from the set objectives and are identified, for example, in indicators of solvency, indebtedness, profitability, capital solidity, liquidity.

    It is appropriate to measure company performance not only from an economic and financial point of view, but also according to qualitative aspects such as, for example, training and the company climate, to establish the company's ability to evolve because even the worsening of some of these elements can lead to crisis.

    The tools available to companies allow them to develop adequate awareness of the importance of healthy and efficient business management which in the long term transforms into value for itself and for all its stakeholders.

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    Business processes and procedures represent crucial elements for the success and sustainable growth of companies in the long term. This strategic step allows you to translate the concepts and…

    Organization is essential to foster corporate growth and sustainability

    What is the purpose of organizing the company?

    The company can be seen as a set of processes that involve human, technological and instrumental resources. The concept of corporate organisation refers to the structuring and coordination of processes and resources within an enterprise.

    One of the advantages of having an effective corporate organization is increasing the value of the goods and/or services offered to customers through the optimization of these processes. Correct corporate organization implies the structuring, regulation and organization of internal departments/areas.

    Corporate organization principles are methodologies and management approaches that aim to achieve corporate objectives effectively and efficiently. These principles, such as division by departments/areas, definition of roles and responsibilities, correct delegation and standardization of processes, are applicable to any type of company, regardless of sector or business functions.

    In the business design process, it is essential to consider the social, technical and organizational variables that influence the behavior and development of the company. The latter include structure, systems, leadership and company culture, which help create connections between all internal elements.

    Organizing the company requires careful planning and in-depth analysis of the resources and activities as well as their consequences according to the logic of sustainability, reflecting on the environmental, social and governance aspects.

    Furthermore, it is important to use tools such as the organization chart to represent the company structure, the job description to define roles and tasks and KPIs to monitor performance.

    What are the aspects to organize?

    Organization is a fundamental responsibility of the entrepreneur, since he is the first to benefit from positive results.

    To organize successfully, it is essential to coordinate all resources - whether information, tools, people or raw materials - within all business processes, from the initial moment of input to the desired output.

    There are many aspects to be defined in the organization, for example:

    • the business model adopted by the company;
    • the choice of the organizational structure to adopt;
    • the sizing of resources;
    • the management through standardized and systematic processes;
    • the regulated coordination between the different resources;
    • the management of workloads;
    • the monitoring of performance;
    • the circulation of information flows.

    In a healthy company that experiences growth and achieves pre-established objectives, each of these components is constantly subject to control, monitoring, analysis, restructuring and, if necessary, reorganization.

    Clearly define the key processes, identify roles and responsibilities, establishprocedures and measuring performance are essential elements to promote productivity, customer satisfaction and the competitiveness of the company on the market.

    The adoption of IT tools and innovative methodologies (digitalization) can facilitate the transition towards a process-based organization, allowing accurate monitoring, rapid identification of any critical issues and constant optimization of operational activities.

    The focus on company processes and procedures contributes to the involvement and development of the human resources present in the organization.

    What is the business process and how it works

    In a business process, different activities and sub-processes are identified, elements that are determined through the execution of operations aimed at a purpose. The first step within a business process consists in identifying the objective that the process will have to pursue, defining the rules and procedures necessary to achieve the final objective.

    During the execution of the business process, different departments will be involved and will have to work in synergy or independently, respecting pre-established deadlines and always keeping the final objective at the center of attention. It is essential that there is an effective exchange of information between the various departments involved to ensure the achievement of the common objective.

    To coordinate this activity, it is necessary to clearly establish the responsibilities of the different departments involved in the process, in order to avoid complications between the different company functions. It is also essential to identify a process manager, i.e. a person responsible for supervising the procedures and completing all phases of the process. In certain situations that require synergy between multiple subjects or departments, it may be appropriate to identify a specific organizational unit.

    In the essay “Competitive Advantage: Creating and Sustaining Superior Performance” Porter theorizes a model to describe the structure of an organization as a set of 9 processes, of which 5 are primary and 4 secondary.

    Primary processes are those that an organization carries out to generate its products and services and therefore refer to a series of business functions, from internal and external logistics to marketing activities, from sales to production operations, up to after-sales services.

    Secondary processes do not directly contribute to the creation of the output but are necessary for the creation of the primary processes. Among these are identified: supply; human resources management; research and development; administrative and financial activities.

    Why write company procedures

    Internal company procedures define how the various company activities must be carried out, guaranteeing consistency, efficiency and compliance with company policies.

    Writing and communicating internal procedures clearly allows each team member to carry out activities uniformly, avoiding misunderstandings, delays and misunderstandings. This approach not only improves operational efficiency, but also contributes to the legal protection of the company and the prevention of crisis situations.

    It's fundamentalthat company procedures are drawn up clearly, documented appropriately and periodically updated, ensuring correct implementation and correct sharing within the organisation. Periodic verification of the knowledge and application of these procedures by the staff ensures effective internal management and optimal compliance with company guidelines.

    The definition of effective company procedures requires a systematic and well-defined process:

    • identify the activities that require procedures;
    • define the objectives of the procedure;
    • involve dedicated human resources;
    • report the procedure;
    • test and review the procedure.

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    The first document to be drawn up as part of strategic planning is the Business Model. The organization capable today of rethinking and innovating its business model and the logic of creating...

    Improve reputation and competitive position on the market through a sustainable business model

    What is a business model?

    The Business Model is the conceptual tool used to describe the logic with which an organization creates, distributes and captures value.

    The model represents the organizational and strategic plan that the company will use to identify the feasibility of a product or service, to identify the target market and make a profit taking into account the expected expenses.

    A business model is fundamental for every company, as it facilitates the evolution of the initial idea, its growth, the acquisition of new customers. This tool is used to study a business strategy, differentiate your business on the market, optimize business processes, not lose your customers and reach new ones. In short, the business model serves first and foremost to clarify your business idea, precisely because it will be written down and carefully analyzed.

    The strategic scheme commonly used for the creation and development of business models is the Business Model Canvas which shows the infrastructure, products, customers, suppliers and other elements that distinguish a company.

    It can be useful to innovate and update your business model when, for example, new competitors arise, new needs of your customers or when the profit margins of your product or service begin to drastically halve.

    Adopt a sustainable business model

    The transition from a traditional business model to a sustainable one allows the company to concretely implement sustainability in its activities, thus producing positive effects and creating value for the environment, society and people.

    A sustainable business model allows companies to integrate sustainability in every area of action, from defining corporate objectives to carrying out daily activities.

    Following the definition of the sustainability strategy, its integration into company policies becomes necessary. The three key elements that must therefore coexist in a sustainable business model are:

    • the environment. Company activities can cause damage to nature and its resources. The sustainable approach would require the company to review its practices and adopt low impact methods through circularity, regeneration and reduction of waste, reduction of waste and pollution;
    • people. The organization must be aware of the impacts it has on the local community and society in general. On a daily basis, the company interacts with various stakeholders both internally involved in their activities (e.g. employees) and externally (e.g. suppliers);
    • governance. The economic paradigm of businesses is evolving. Despite the common belief that sustainability is not compatible with generating profits, more and more companies moving towards sustainability demonstrate that this can make their businesses even more profitable.

    The model will therefore be geared not only towards economic growth, but also towards the generation of positive impacts on the environment and people.

    The Sustainability Business Model Canvas is the tool to be used to outline and represent sustainability-oriented business modelsibility. This framework is enriched by an analysis of the effects of corporate activities in the three spheres of sustainability: environmental, economic and social.

    Advantages of a sustainable model

    Orientation towards sustainability represents not only an opportunity for innovation, but a fundamental necessity to ensure long-term competitiveness for the company. This concerns all companies, from large to small ones, as stakeholders, from the supply chain to banking institutions, are increasingly sensitive to the issues of sustainability and circularity.

    According to Global Buying Green 2022, 68% of consumers purchase products based on companies' sustainability credentials.

    The main advantages of a sustainable business model are:

    • greater propensity for innovation and ability to adapt to changing markets and laws, knowing how to seize the opportunities for expansion and progress that the sustainable approach offers;
    • creation of a concretely sustainable offer in line with current consumer needs;
    • better risk management;
    • improvement of reputation, anticipating the dangers deriving from superficial sustainability strategies that could lead to accusations of greenwashing.

    The challenge consists in finding innovative solutions to remain competitive, without compromising or relegating other objectives to the background.

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    In the session of 10 June 2024, the Council of Ministers, on the proposal of the Minister of Justice Carlo Nordio, approved in preliminary examination a legislative decree containing supplementary provisions...

    News for the Negotiated Settlement of the Crisis (CNC) and the opening to tax settlement

    The draft legislative decree is made up of 52 articles, containing supplementary and corrective provisions to the CCII referred to in legislative decree no. 14/2019. The corrective fits within the framework of the commitments undertaken with the PNRR, in particular, the decree corrects some defects in regulatory coordination that emerged following previous legislative interventions, amends some material errors and updates the regulatory references, as well as provides clarifications to some interpretative doubts that emerged during the application of the CCII code.

    Below, the main innovations analyzed in chronological order, with an in-depth analysis regarding the tax transaction.


    Art. 16, paragraph 5 – Duties of Banks in Negotiated Settlement

    Banks are obliged to maintain existing credit lines during the negotiated settlement procedure of the crisis and cannot suspend or revoke them simply because of the start of the procedure. This provision is crucial to ensure that companies in crisis can continue to operate without financial disruption, maintaining the liquidity necessary for daily operations.

    Art. 18 – Protective Measures

    Protective measures are automatically extended to all creditors, unless otherwise specified. This provides uniform protection to facilitate negotiations and reduce the risk of individual enforcement actions that could undermine the recovery process. Protective measures are essential to maintain stability during negotiations and prevent creditors from acting in a way that could damage the overall process.

    Art. 23 - Extension of the Tax Settlement

    The possibility of proposing a settlement agreement with the Revenue Agency (AdE) is extended to Restructuring Plans Subject to Approval (PRO). This change expands options for distressed businesses, providing greater flexibility in managing tax debts and improving recovery opportunities. The tax transaction may include the definition of agreements with the tax authorities which provide for the partial payment or deferral of debts, thus guaranteeing greater negotiation and recovery capacity for the company.

    It has been added to the art. 23 a paragraph 2 bis which regulates the possibility for the entrepreneur to formulate, during the negotiations, a proposal for a settlement agreement to the tax agencies and the Revenue Agency-Collection which provides for the payment, partial or deferred, of the debt and related accessories. There is no mention, with regard to the negotiated composition, of the credits of the social security institutions and this lack certainly represents a significant limit to the successful completion of this procedure.

    It is established that the proposal cannot be formulated in relation to taxes constituting the European Union's own resources (VAT), thus reviving the thesis of the unavailability of such taxes by the State. It should be underlined that this limit is expressly introduced only for the negotiated settlement.

    Annexed to the proposal is the report of an independent professional who certifies its convenience for the public creditor compared to the alternative of judicial liquidation and a report on the completeness and truthfulness of the company data drawn up by the person in charge of the statutory audit, if existing, or by a statutory auditor registered in the appropriate register designated for this purpose.

    The agreement is signed by the parties and communicated to the expert and produces effects with its filing with the competent court pursuant to art. 27 of the code. It is worth remembering that the negotiated settlement does not necessarily require the involvement of the court, when protective or precautionary measures or authorizations are not required. For this reason the rule refers to art. 27 to identify the competent court. The criterion adopted is also compliant with what is foreseen for the other interventions of the court during the negotiated settlement.

    In case of failure to reach an agreement, the entrepreneur will still be able to pursue the recovery of the company by resorting to one of the tools for regulating the crisis and insolvency and obtaining from the judge in that context the cram down

    The agreement is automatically resolved in the event of the opening of judicial liquidation or controlled liquidation or to ascertain the state of insolvency or if the entrepreneur does not make the payments due in full within sixty days of the scheduled deadlines.

    Art. 25-octies - Reporting by the Supervisory Body

    The timely reporting of crisis conditions also becomes mandatory for legal auditors, with a deadline of 60 days from discovery of the crisis. This obligation aims to ensure prompt identification and management of corporate crises, encouraging a timely response to the first signs of financial difficulties. Timely reporting is essential to prevent the deterioration of the financial situation and to promptly initiate the necessary recovery measures.

    Art. 25-sexies – Simplified Composition

    The possibility of partially satisfying creditors with privileges or mortgages is introduced. This measure facilitates the simplified composition process, avoiding the complete liquidation of company assets and allowing for quicker and less costly restructuring. This provision is particularly important because it allows companies to preserve part of their productive assets, essential for operational continuity and to generate future revenue necessary for recovery.

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    The reforms regarding adequate organizational structures, the Business Crisis and Insolvency Code and the implementation of sustainability strategies highlight the importance for companies to adopt…

    The Environment, Social and Governance factors in the organizational model envisaged by Legislative Decree 231/2001

    The Council and the National Foundation of Accountants have published the document "Model 231 and ESG factors: the importance of a virtuous connection

    Model 231

    The organisation, management and control model is established by legislation in force for over twenty years (Legislative Decree 231/2001

    From a governance perspective, Model 231 represents a management tool which, through traceability processes and the accurate assessment of risks and responsibilities, adequately responds to the need to structure organizations consistent with the size and complexity of the company capable of:

    • promptly identifying crises;
    • guaranteeing operational continuity;
    • effectively managing risks;
    • contributing to the sustainability and development of businesses.
    • The main protocols of the 231 Organizational Model are the Code of Ethics, the disciplinary system, the SB (Supervisory Body) and the set of specific procedures for the areas sensitive to the risk of crime.

      Risk approach and conscious governance

      Going beyond the traditional notion, for which value pertained to the maximization of profit in favor of shareholders, today the creation of value refers to all the stakeholders with which the company interacts and to the pursuit of common objectives and purposes of general interest, such as the protection of people's rights and respect of the environment.

      This interpretation of the value determines that "the adequacy of the corporate structures must also be rethought according to the protocols established to safeguard the governance and the corporate control system responsible for the sphere of sustainability, for the purposes of evaluating and mitigating the possible impacts of the ESG phenomena on the equity or economic/financial balances of the company"

      It is an approach that determines direct consequences on the organisational-administrative-accounting aspects of companies since it transforms sustainability into company objectives. From this perspective, the company must be based both on operational continuity which is based on economic development and on sustainability.

      The increasingly strong and consolidated link between ESG factors and corporate governance is based on the principle of the risk approach, for example with reference to risks dependent on climate change which can be traced back to the company's business, to the product and/or service provided, to the production processes and the sites where the activity takes place.

      ESG-231 link

      The relationship between sustainability and the 231 model refers both to the criminal relevance of ESG factors to the extent that they legitimize the company to enjoy certain benefits (for example the assessment of the reliability of companies to which credit is granted by the banking system), and to the connection between the Sustainable Development Goals (SDGs) of the United Nations 2030 Agenda and the general interests protected by Decree 231.

      From this perspective, Model 231 can represent a significant starting point for a governance that wishes to support the company in terms of sustainability, while at the same time acting as a compliance tool useful for strengthening the implementation of company procedures in an ESG key.

      For example, compliance with the regulations relating to sustainability reporting can give rise to some cases to which attention should also be paid in relation to the commission of crimes, many of which are present in the 231 catalogue, including the risk of false corporate communications with the advent of the CSRD and the phenomenon ofgreenwashing.

      The 231 model represents a valid tool for the achievement of further objectives beyond that of combating illegality.

      The implementation of a 231 model, aimed at satisfying regulatory requirements, serves to regulate corporate action, defining the conduct to be followed in coherence with best practices, thus contributing to nourishing the culture of legality and can by managerial necessity also contribute to the implementation of a culture of sustainability which finds adequate foundation in the aforementioned global sustainability objectives defined at the UN.

      The model 231 lends itself to being used as a conscious management system for companies with a view to sustainability, allowing:

      • correct identification of staff tasks and responsibilities, in order to improve the organization and prevention of crime risks;
      • an integration of company management systems, bringing the processes back to a unitary logic through coordinated internal rules, procedures and regulations;
      • the perception of greater reliability by external interlocutors;
      • greater attention and sensitivity towards sustainable development, the ethical rules governing the conduct of economic processes, as well as fairness in competition and in the remuneration of capital.
      • Therefore, it is clear that ESG factors and the 231 model play a fundamental role in the process of integration between 231 compliance and sustainability. The adoption of ESG rules of conduct not only makes the prevention of risks linked to the 231 model more effective, but also helps to avoid potential negative impacts on sustainability that could damage the entity and its stakeholders.

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    Due diligence operations are mainly used to evaluate the possibility of carrying out extraordinary operations such as mergers and acquisitions and have the task of studying the real situation…

    What is due diligence?

    The main objective of due diligence is to ensure that the buyer obtains, through an investigation, a detailed and truthful picture of the different business areas of the company to be acquired.

    In the economic or commercial field, due diligence represents an in-depth analysis, a verification, an evaluation regarding a potential investment and is aimed at confirming or denying all the facts, elements and circumstances relating to a given operation.

    Due diligence is a research and analytical process aimed at carefully evaluating a company for significant transactions such as mergers, acquisitions, investments or joint ventures. This process aims to provide the buyer or investor with a clear and detailed picture of the target company's business model, its financial situation, growth prospects and potential associated risks.

    Through due diligence, an accurate verification of the available information is carried out, helping to reduce information asymmetries and guarantee that decisions are based on concrete and reliable data. The importance of due diligence lies in its ability to prevent unwanted surprises and facilitate safer and more informed investments.

    The purchasing organization forms a team made up of professionals in tax, corporate, legal and technical matters who will proceed with an in-depth analysis of the target company to be acquired to evaluate the appropriateness and quality of the investment, regulatory compliance, the real value and potential liabilities. This phase is crucial to avoid investments that are not consistent with the buyer's objective and hopefully both the potential buyer and the seller will have to commit to maintaining ethical behavior and clear and transparent communication.

    When does it take place and for which operations?

    Due diligence takes place following the signing of a letter of intent and before the conclusion of the preliminary contract, or after the latter. In the second case, the objective of the due diligence is to evaluate the need for a possible modification of the agreed price, both decreasing and increasing.

    The length of the due diligence process may vary, depending on the complexity of the target organization in question, as well as any difficulties encountered by the team during the investigation. Generally speaking, due diligence can be completed in an average time frame of two to six weeks, depending on the specific circumstances and complexity of the case.

    Due diligence can involve the entire business or focus on specific parts of it, such as a business unit, and can be used in various operations, including:

    • mergers and acquisitions;
    • corporate or business transfers;
    • acquisition of shareholdings;
    • evaluation and appraisal of properties subject to judicial procedures, sales and, in general, placed as collateral for credit exposures;
    • stock market listings;
    • capital increases;
    • signing of joint venture contracts.

    Checklist and due diligence report

    The due diligence process begins with a checklist of information that the team in charge provides. Generally, information is requested regarding contracts, intellectual property, privacy, corporate affairs, taxation, labor, regulation and accounting.

    If such information is not available, the company is required to provide adequate reasons to explain why irequested data do not exist or are considered irrelevant, in order to prevent any unexpected events in the final report.

    At the end of the due diligence process, the team prepares a report that should provide answers to all the questions necessary to evaluate the transaction positively or negatively. The final due diligence report is an essential tool that the buyer will use to review the offer, renegotiate the price, structure the collateral and define the post-acquisition plan. It constitutes the information basis on which a conscious and well-considered decision is based.

    The types of due diligence

    Due diligence is a complex process that encompasses multiple aspects of a company and consequently its various typologies are specifically addressed to different areas of interest, each with its own focus and analysis methodology.

     Financial due diligence is divided into three time perspectives, examining the past to confirm the reliability of the track record, analyzing the present to evaluate operational hypotheses and projecting the future to ensure that the expected growth is realistic and not based on difficult-to-occur scenarios. This typology is integrated with the accounting and tax due diligence which examines the accounting and tax situation of the company through the analysis of the financial statements and the income statement, verifying the compliance of these documents with civil and tax regulations and ensuring that they are drawn up according to correct accounting principles. It also includes checking the regularity of accounting books and VAT registers, tax returns and any assessments carried out by the tax authorities. It is also essential to examine any debt exposures, together with a detailed analysis of the company's financial statements for the last three to five years.

    Another fundamental type is legal due diligence, which analyzes the legal situation of the company, aiming to identify any legal risks associated with the company, which may concern issues such as ownership of assets, compensation claims, legal disputes and compliance with regulatory requirements, including environmental, workplace safety and food safety. Furthermore, the analysis includes the study of accessory contractual clauses and contractual relationships with employees, collaborators and credit institutions.

    Corporate due diligence, on the other hand, provides a strategic analysis of the target company, exploring the sector to which it belongs, historical growth and profitability, as well as the main players, the competitive conditions and the most significant threats and opportunities associated. Corporate due diligence also deals with examining operating cycles, market trends, the regulatory environment and specific legislation, verifying the correctness of the pricing strategies and products offered by the company. This due diligence requires an in-depth analysis of the corporate structure, governance and structure of the company, identifying the beneficial owner. The search for information on shareholders and directors allows us to identify further companies connected to the subjects of interest, thus broadening the field of investigation.

    Other types of activities may include reputational due diligence, environmental due diligence, cyber due diligence, real estate due diligence.

    In summary, the variety of due diligence types offers a comprehensive and multidimensional view, essential for making informed decisions during the investment processtiment or acquisition.

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    The 2025 budget law should be around 25 billion euros and the main measures relating to natural persons include, for example, the permanent transformation of the tax wedge cut…

    Analysis of the key measures envisaged by the next budget law in force from 1 January

    Tax wedge cut

    The tax wedge measures the difference between the cost of labor borne by the employer and the net salary received by the worker. This wedge is made up of two main elements: on the one hand the personal income tax and on the other the social security contributions. The employee is responsible for the tax and part of the social security contributions, while the employer takes care of the remaining share of social security contributions.

    The structural transformation of the cut to the tax wedge for employees affects social security contributions and has the aim of reducing the gap between the cost of labor for employers and the net amount received by workers. Currently, the tax wedge in Italy is one of the highest among OECD countries, reaching 45.9%.

    As regards cutting the wedge, the intervention could follow a double approach: starting from next year, the cut would remain contributory for incomes up to 20,000 euros, and then transform into fiscal, through an increase in deductions for employed work up to 35,000 euros. Subsequently, a rather rapid progressive decrease will begin up to 40,000 euros.

    Irpef with three rates

    The tax on personal income, known as Irpef, following the Tax Reform, has undergone changes for the year 2024 alone, which, subject to available resources, should become structural with the next Budget Law.

    Irpef is regulated from article 11 of Presidential Decree no. 917/1986, which dictates the rules for calculating the tax due, and Legislative Decree no. 216/2023 provides that starting from 1 January and until 31 December 2024 the Irpef rates and brackets are structured as follows (Previous article

    • 23% rate for incomes up to 28,000 euros,
    • 35% rate for incomes above 28,000 euros and up to 50,000 euros,
    • rate of 43% for incomes exceeding 50,000 euros,
    • With regard to 2025, the desire to confirm the rules envisaged to date has been highlighted several times and the replication of the current structure is certain for now. Furthermore, the second rate (for incomes between 28,000 and 50,000 euros) could drop from 35 to 33% and it is hypothesized to act on the brackets, raising the second step up to 60,000 euros.

      Renovation bonus

      The 50% renovation bonus will be extended under the same conditions as in 2024, with a spending limit of 96 thousand euros. However, the extension is only foreseen for homes main ones, while for second homes it drops to 36%, with a spending ceiling of 48 thousand euros.

      All those who start extraordinary maintenance, restoration, conservative rehabilitation and building renovation work on individual residential real estate units of any cadastral category, or ordinary maintenance work for the common areas of residential buildings can benefit.

      Among the most frequent interventions that fall within the scope of the bonus:

      • installation of elevators and safety stairs;
      • construction and improvement of toilets;
      • replacement of external fixtures and shutters with shutters;
      • renovation or construction of stairs and ramps; from asbestos;
      • works to avoid domestic accidents and eliminate architectural barriers;
      • interventions aimed at wiring buildings;
      • installation of gas detection devices.
      • Ceiling on tax deductions and dependent children

        Those who earn between 75,000 and 100,000 euros will be able to deduct up to a maximum of 14 thousand euros, while for those who exceed 100,000 euros the limit drops to 8,000 euros.

        The ceiling will be reduced by 50% in absence of dependent children, 30% if there is only one child and 15% if there are two children, while it will remain unchanged for those who have more than three children or children with disabilities.

        Deductions can only be requested for children aged between 21 and 30 (up to the age of 21 they are included in the single allowance). These amounts exclude health expenses and those already in progress for mortgages and building renovations.

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    Tax self-defense is defined as the exercise by the Financial Administration of the power to annul its own tax act, ex officio or at the request of the taxpayer, if the administrator…

    Information on the news regarding self-defense and on how the taxpayer can submit the request.

    The art. 1, paragraph 1, letter m) of the Legislative Decree. 30.12.2023 n. 219, introduced within the scope of the Statute of taxpayers' rights (Law 27 July 2000 n. 212) important innovations regarding the exercise of the power of tax self-defense, through the new regulations referred to in articles 10-quater and 10-quinquies of the aforementioned Statute.

    In particular, the tax legislator, by repealing the previous regulations, has established a distinct and express regulation of the hypotheses of tax self-protection, providing for two forms of self-protection: the mandatory one referred to in the art. 10-quater and the optional one referred to in art. 10-quinquies of the Taxpayer's Rights Statute.

    Mandatory self-defense 

    With the new article 10-quater of the Statute of Taxpayer's Rights, the tax legislator prescribes the obligation for the Financial Administration to annul the tax deeds, in whole or in part, even without a prior request from the taxpayer and also while proceedings are pending or in the presence of already definitive deeds, where there are cases of manifest illegitimacy of the deed issued and one of the defects strictly foreseen by the first paragraph of the aforementioned art. 10-quater, i.e. in the cases of:

    1. error of person or calculation;
    2. error on the identification of the tax;
    3. material error by the taxpayer, easily recognizable by the Tax Agency;
    4. error on the tax basis;
    5. failure to take into account regularly made tax payments;
    6. lack of documentation subsequently remedied no later than the deadlines, where foreseen under penalty of forfeiture.

    The aforementioned obligation of self-defense does not exist, however, in the event of a favorable ruling for the financial administration, which becomes final, or in the event that one year has elapsed, due to failure to appeal, from the day of actual finality of the flawed act, without prejudice to the taxpayer's right to present, even after the expiry of the aforementioned annual deadline, an optional self-defense request. In cases of mandatory self-defense at the request of the taxpayer, the Financial Administration is required to respond to the request within 90 days of its receipt. The legislator has also provided for the possibility for the taxpayer to challenge the express or tacit refusal of the Financial Administration on the request for mandatory self-defense.

    Optional self-defense 

    With the new article 10-quinquies of the Statute of Taxpayers' Rights, the tax legislator provides, on the other hand, the regulation of the so-called optional self-defense, providing that the Financial Administration, if the illegitimacy of the tax act is not manifest and, in any case, none of the defects strictly provided for in the first paragraph of the article exist 10-quater, may, in any case, cancel in whole or in part the tax deed issued, even without a request from a party, where it recognizes the illegitimacy or unfoundedness of the deed or of the tax imposed, even while a judgment is pending or in the case of deeds which are already definitive.

    The optional self-defense, essentially, representing a power that can be exercised by the Financial Administration on the basis of discretionary assessments, is not considered as a tool for protecting the taxpayer. The legislator has also provided for the possibility for the taxpayer to impreject the Financial Administration's refusal on the request for optional self-defense, only in cases of express refusal.

    How to submit the request for self-defense

    As also prescribed in Circular 21/E issued by the Financial Administration on 07.11.2024, the request for self-defense must be addressed to the Office that issued the document whose cancellation is requested. The request must comprehensively represent all the elements on which the request for self-defense is based and must be accompanied by all the documentation. For the presentation, tools must be used to certify the sending by the legitimated subject through, for example, the use of telematic services, SPID, CIE or CNS, or via certified e-mail or alternatively by hand-delivering the application with physical access to the counter.

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    The substitute tax rises to 18% for revaluations and business assets can be allocated or sold to shareholders

    Revaluation of land and shareholdings "fully implemented"

    The possibility of revaluing land and shareholdings has become a "fully implemented" discipline. Introduced for the first time by the 2002 Budget Law as a temporary measure, it was subsequently proposed again over the years.

    With the 2025 Budget, this measure becomes structural for the redetermination of the purchase cost of:

    • building and agricultural land held as freehold, usufruct, surface and emphyteusis;
    • shareholdings (also as ownership / usufruct), including those traded on regulated markets or multilateral trading systems.
    • The land and shareholdings must be owned as of January 1st of each year, not under a business regime, by natural persons, simple companies, professional associations and non-commercial entities.

      By November 30th of each year, the appraisal report must be drawn up and sworn and the payment made of the substitute tax, which increases from 16% to 18%. The payment can be made in a single solution or in 3 equal annual installments starting from November 30th. In the case of payment in installments, interest of 3% per year is expected on the amounts due after the first instalment.

      It is important to underline that the indications relating to the revaluation of shareholdings do not apply to the determination of capital gains or losses realized by non-resident companies and entities without a permanent establishment in Italy

      Facilitated assignment/transfer of business assets and facilitated transformation into a simple company

      The Budget Law proposes the possibility of assigning or transfer in a facilitated manner to members:

      • properties other than those used for instrumental purposes;
      • movable assets registered in public registers not used as capital goods.
      • The assignment or transfer must be carried out by 30 September 2025 provided that all members are registered in the members' register, where required, on 30 September 2024, or that they are registered by 30 January 2025, by virtue of a transfer title with a certain date prior to 1 October 2024.

        Stock companies, limited partnerships, limited liability companies, general partnerships and limited partnerships can benefit from the subsidized regime. To benefit from it, companies must pay 60% of the substitute tax by 30 September 2025 and the remaining part by 30 November 2025.

        Non-commercial entities and companies not resident in the territory of the State that have a permanent establishment in Italy are not included among the recipients of the regulation in question.

        The Law provides that companies whose exclusive or main object is the management of the aforementioned assets (real estate management), can be transformed into a simple company, taking advantage of the preferential tax regime provided for assignments and sales. The fiscally recognized cost of the units or shares held by the shareholders of the transformed companies must be increased by the difference subject to substitute tax.

        The substitute tax to be paid is equal to 8% (10.50% if the company is non-operational in at least 2 of the 3 tax periods preceding the assignment/transfer/transformation) calculated on the difference between:

        • the normal value of the assigned assets or, in the case of transformation, of the assets owned at the time of transformation;
        • the fiscally recognized cost.
        • For assignments and transfers subject to registration tax, the relative rates are reduced in half and the hypocadastral taxes are applied at a fixed rate.

          Reserves under tax suspension, canceled following the assignment of assets to shareholders or the transformation of the company, are subject to a substitute tax equal to 13%.

          With regards to properties, the company may request that the normal value be determined on a cadastral basis, applying the registration tax multipliers to the revalued cadastral income. In the event of a transfer, for the calculation of the substitute tax, the consideration, if lower than the normal value of the asset or the cadastral value, is determined to be no less than one of the two values.

          For the assignee shareholder of a joint-stock company, the taxation of profits in kind is envisaged on the part exceeding the sum subject to substitute tax by the company. However, the normal value of the goods received, net of the debts incurred, reduces the fiscally recognized cost of the shares or quotas owned.

          The payment of the substitute tax must take place as follows:

          • 60% by 30 September 2025;
          • the remaining 40% by 30 November 2025.

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    Our commitment to business ethics and sustainable development to promote collective value and social responsibility.

    MCTAX S.R.L. intends to equip itself with a corporate self-regulation tool containing all the rights, duties and responsibilities of the organization towards stakeholders. It is the Company's belief that ethics in the conduct of business is a condition for success and a tool for the promotion of its image, and also for the achievement of collective interest, an element which represents a primary and essential value. The rules contained in this document presuppose compliance with every law and the adoption of ethically correct and fair conduct by all Company Representatives and all those who in any capacity operate for the Company, even occasionally. MCTAX has undertaken the path of Sustainable Development in order to reconcile economic sustainability, environmental sustainability and social equity in order to base its modus operandi on the European Standards on Sustainability Report (CSRD), committing itself for the future to adapt and gradually fulfill the tasks and procedures that will be confirmed by the European Parliament.

Employee deduction
20232024
IncomeDeductionIncomeDeduction
Not exceeding €15,000€ 1,880Not exceeding €15,000€1,955
Above €15,000 but not €28,000€1,910 + €1,190 x [(28,000 - total income) / (28,000 - 15,000)]Above €15,000 but not €28,000€1,910 + €1,190 x [(28,000 - total income) / (28,000 - 15,000)]
Above €28,000 but not € 50,000€1,910 x [(50,000 - total income) / (50,000 - 28,000)]Above €28,000 but not €50,000€1,910 x [(50,000 - total income) / (50,000 - 28,000)]