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New tax credit on investments for the 5.0 transition, "PNNR" law decree, approval by the Council of Ministers 02/26/2024, awaiting publication in the Official Journal

Published on 28 February 2024

Operational and Regulatory Summary of the New Tax Credit for Transition 5.0

Who can benefit:

  • Recipients: Companies resident in Italy and permanent organizations of non-residents operating in Italy.

Validity period:

  • Applicable years: 2024 and 2025.

Eligible investments:

  • Eligible goods: New tangible and intangible assets, instrumental to the company, included in annexes A and B to Law 232/2016.
  • Requirements: Assets interconnected to the company's production management system or supply network, leading to a reduction in energy consumption ≥3% for the facility or ≥5% for the processes.
  • Other admissions: Investments for the self-production of energy from renewable sources and training costs for staff.

Tax credit measures:

  1. Up to 2.5 million euros: 35% of the cost.
  2. Over 2.5 and up to 10 million euros: 15% of the cost.
  3. Over 10 million up to 50 million euros: 5% of the cost.
Incremental bonuses for energy consumption reductions:
  • Reduction >6%: increases to 40%, 20%, 10%.
  • Reduction >10%: increases to 45%, 25%, 15%.

Reference legislation:

  • Legal basis: "PNRR" law decree, press release from the Ministry of Business and Made in Italy of 26 February 2024.

Procedures and certifications:

  • Communications: Ex ante and ex post presentation at MIMIT.
  • Consumption reduction certification: By independent evaluator.
  • Investment realization certification: Confirmation of compliance of investments and interconnection of assets.
  • Certification of an auditor: Mandatory to certify the expenses incurred.
  • Certification costs for SMEs: Recognized as an increase in the tax credit up to 10,000 euros.

Use of credit:

  • Mode: Compensable in the F24 model in a single solution by 31 December 2025.
  • Portability: Uncompensated amount transferable forward for 5 years in annual installments.

Cumulability:

  • Restrictions: Not cumulative with other bonuses on the same eligible costs (e.g. investment bonus, single ZES in the South).

Implementing provisions:

  • Future regulation: Specifications to be defined in a specific DM. Two decrees are expected, one on the technical rules, the other on the definition of trainer requirements

Training:

Training expenses on technologies are also permitted and facilitated, within the 10% of total investments with a maximum limit of €300,000.

Operational Considerations:

  • Planning: Verify the admissibility of investments and plan the necessary certifications.
  • Documentation: Prepare and maintain documentation for the certification of energy costs and savings.
  • Deadlines: Monitor the deadlines for communications and for the use of the tax credit.

The Studio remains available to companies interested in these facilitative rules for appropriate in-depth analysis and the drafting of analysis and operational action plans.

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