From September 1, 2024, sanctions on non-existent and undue credits will undergo a significant change, with the aim of making the sanctions regime more balanced. Among the main changes, the reduction of fines, but also the abolition of an important protection clause for taxpayers.
Non-existent and undue credits: the new features of the Sanctions Decree
The new Sanctions Decree introduces a reduction in the sanctions applicable to non-existent and undue creditsmarking a change of direction compared to the past. These changes concern in particular tax credits, which have been subject to stricter fiscal controls in recent years, which have contributed to a significant loss of revenue for the State.
One of the most significant changes concerns the abolition of the requirement of “non-detection of irregularity through automated checks”. Until now, this requirement represented a sort of safeguard for taxpayers, who could avoid fines if the irregularity did not emerge automatically during tax checks. new Sanctions Decree eliminates this clause, making it easier to apply penalties for tax credit irregularities.
At the same time, the law introduces a reduction in penalties, which allows taxpayers to save compared to the past. This double face of the measure, with a reduction in fines on the one hand and a greater ease of incurring penalties on the other, represents a crucial point of the new tax regime.
Reducing fines: a step towards less burdensome taxation
One of the positive aspects of the new Decree is the reduction of sanctions for non-existent and undue credits. Until August 31, 2024, fines for non-existent credits could range from 100% to 200% of the disputed amount, while for undue credits the penalty was 30% of the amount obtained. With the new regime, fines are significantly reduced.
For non-due credits, the penalty drops from 30% to 25% with an important distinction. Credits that do not fall into the category of those with “specific elements or particular qualities” – that is, those with minor administrative obligations – will be subject to a fixed fine of 250 euros. The fine will be applied only if the violation is removed by the date of filing the tax return. This mechanism introduces greater flexibility, allowing taxpayers to rectify their position before incurring heavier penalties.
The new Decree has also reduced the sanctions for non-existent credits. From 100-200%, the fine goes to 70%, which can go up to 140% only in the case where the credits are accompanied by fraudulent representations, with the use of false documents or simulations. This reduction in penalties aims to make the system fairer and more proportionate, reserving the most severe punishments for cases of clear fraud.
The impact on building bonuses and future sanctions
The new sanctions rules will also have a significant impact on building bonuses, which have been among the main areas of application of tax credits in recent years. construction sector has often used such bonuses to incentivize energy requalification and renovation interventions. However, it has also ended up at the center of numerous cases of fraud related to non-existent or undue credits.
The Decree aims to discourage these illegal practices and to ensure greater transparency and fiscal correctness, without excessively burdening those who commit unintentional errors. The new sanctions, together with the greater ease of incurring irregularities due to the elimination of the “non-detectability” requirement, represent a challenge and an opportunity for those who will have to manage their tax credits in the coming years.