CDM: green light to the decree on the Pnrr. Stop the transfer of superbonus credits

CDM green light to the decree on the Pnrr Stop

(Finance) – The governance of the Pnrr and urgent measures regarding the transfer of tax credits relating to tax incentives. These are the issues at the center of the two decree laws approved this evening by the Council of Ministers.

In explaining the new government intervention on the subject of tax credits deriving from building bonuses the economy minister, Giancarlo Giorgetti, he used harsh words. “It is an impact measure that is necessary to block the effects of this wicked policy, also used in the electoral campaign, which – he underlined Giorgetti – placed a burden on each Italian of 2,000 euros each. This is the balance of this experience. We need to deflate this phenomenon which is the result of a policy that is not prudent or aware of its financial effects, perhaps built to create political consensus. We intervene on the transfer of tax credits and not on the Superbonus which remains in the form of deduction for the five years. How much are the tax credits? I would say 110 billion, I think this is the order of magnitude that must be managed and the objective of this decree is to give the government the possibility to manage it”.

The text intervenes, in particular, to modify the regulations concerning the transfer of tax credits relating to expenses for interventions in the field of building heritage recovery, energy efficiency and “superbonus 110%”, anti-seismic measures, facades, photovoltaic systems, charging columns and architectural barriers. The object of the intervention is not the bonus, but the transfer of the relative credit, which has negative potential on the increase in public debt. From the entry into force of the decree, with the exception of specific derogations for operations already in progress, – reads the text – it will no longer be possible for subjects who make such expenses to opt for the so-called “invoice discount” or for the transfer of the tax credit. Furthermore, the first transfer of tax credits relating to specific categories of expenses will no longer be permitted; however, the possibility of deducting the corresponding amounts remains unchanged.

The decree also clarifies the joint liability of the assignees “to eliminate the uncertainties, doubts and reservations that have caused so many intermediaries to avoid discounting credits”. So now for Giorgetti it is “fundamental” that the banks resume buying credits. “I want to tell the whole system: a at this point there are no alibis” said the Minister hoping with the banks “a commitment to act in concert to resolve this bubo that has formed due to a lightly defined regulation”.

The text of the decree-law introducing urgent provisions for the implementation of the National Recovery and Resilience Plan (PNRR) and the National Investment Plan complementary to the PNRR (PNRR), as well as for the implementation of cohesion policies and the common agricultural policy instead, it is made up of three parts: Review of the governance system of the PNRR; strengthening of the administrative capacity of the subjects called to implement the interventions envisaged by the PNRR and the PNC, acceleration and simplification of the PNRR procedures in various sectors; implementation of cohesion policies, the common agricultural policy and youth policy.

Governance – A new PNRR mission structure is established at the Presidency of the Council, under the direction of the Minister delegate, which absorbs the functions already performed by the technical secretariat for support to the activities of the control room and those of the permanent table for economic partnership, social and territorial. The new Structure will also exercise the functions of national contact point for the implementation of the PNRR, already performed by the central service for the PNRR at the State General Accounting Office. Furthermore, the PNRR mission units are being reorganized within the central administrations, which may also be internalized and placed within existing General Management. Substitute powers are strengthened in the event of non-compliance by the Regions with the commitments aimed at implementing the PNRR: the terms for taking action in the event of inaction by the implementing body are halved; the possibility is envisaged that the commissioner can carry out a plurality of acts and/or interventions (and not just a single act) and provide for the execution of the PNRR or PNC projects, ensuring the operational coordination of the various administrations and subjects involved. In the case of infrastructural projects, the powers of the extraordinary commissioner of major works are extended to the commissioner. In the event of dissent, refusal, opposition from a body capable of precluding the implementation of a PNRR intervention, the power of impulse is attributed to refer the decision to the Council of Ministers also to the competent Minister, in addition to the PNRR mission structure. Provisions are introduced aimed at facilitating the control and monitoring of the expenditure of the PNRR and PNC interventions by the Ministry of the Economy and Finance.

Strengthening administrative capacity – Measures are introduced to strengthen the administrative capacity of the Ministries and of the Competition and Market Authority, for the implementation of PNRR or PNC projects.

Simplification – Provisions are envisaged for the acceleration and streamlining of procedures in the field of public tenders and major works: extension to all PNRR and PNC tenders, including related infrastructures, of the super-simplified procedures already envisaged for penitentiary, railway and judicial buildings, in the matter of services conference, EIA and acquisition of the consents of the Cultural Heritage; in addition, the terms for expropriation and for the expression of an opinion by the Unified Conference for PNRR works are halved and the functions of the special committee set up within the Superior Council of Public Works are expanded. The State Property Agency and the Ministry of Defense are allowed to contribute to PNRR projects also through the provision of buildings for university accommodation, sports infrastructure and energy from renewable sources. Provisions are introduced aimed at simplifying the purchase of IT goods and services instrumental to the creation of the PNRR and on e-procurement procedures and the purchase of IT goods and services, and the creation of the national digital data platform (PDND) is facilitated. The procedures for installing ultra-broadband infrastructures are also simplified. The powers of the Special Superintendence for the PNRR are strengthened, which absorbs the functions of the Superintendence of archeology, fine arts and landscape in relation to the assets involved in the PNRR projects. For the school action is taken on school construction by providing that the local authorities interested in the interventions envisaged by the PNRR can use the tender economies deriving from the auction discounts and that the implementing subjects can proceed with the direct awarding of services and supplies (including engineering and architecture) within a certain amount (less than €215,000.00); the procedures for “innovative” schools (envisaged by PNRR planning) are accelerated, entrusting the winners of the design competition with the supervision of the works with a negotiated procedure. To encourage the return of “brains” to Italy, and therefore for the university, a tax exemption is introduced in favor of companies that participate in the financing of innovative doctoral scholarships and which hire personnel holding a research doctorate; it is expected that at least one fifth of the available full professor positions will be destined to call young researchers to Italian universities. Provisions are envisaged to simplify the procedures for carrying out the works of the Jubilee of the Catholic Church 2025. Provisions are introduced to favor the purchase of properties by social security institutions, to satisfy the logistical needs of public administrations and to find new offices for related needs to the PNRR. A number of are expected provisions on justice: digitization of judicial documents and gradual abandonment of analogue archives; obligatory filing of the judge’s provisions electronically; electronic filing of documents relating to voluntary jurisdiction proceedings; measures in favor of companies in difficulty through the implementation of tax debt installment plans and settlement agreements with the tax authorities, Inail and INPS, as well as through simplification measures for access to negotiated procedures. For the tax justicemeasures are envisaged to speed up the settlement of disputes subject to tax amnesty. Measures are introduced on the subject of environment and energy security: simplified procedure to promote “integrated” chemical plants, on an industrial scale, aimed at the production of green and renewable hydrogen, through the assignment of the preliminary investigation to the PNRR-PNIEC Technical Commission; renaturation of the Po area; increase of technical assistance resources for the PNRR; use of proceeds from CO2 auctions; regulation of the installation of solar panels and installation of energy infrastructures from renewable sources. They are empowered cohesion policies and the common agricultural policy, with internalization at the Department for Cohesion Policies of the Presidency of the Council of Ministers of the Agency for Territorial Cohesion. The National Management Authority of the is established at the Ministry of Agriculture, Food Sovereignty and Forests CAP strategic plan 2023-2027, with consequent organizational provisions also relating to the Agency for disbursements in agriculture (AGEA). Finally, it establishes theItalian Youth Agency, non-economic public body with legal personality, which takes over to all effects the functions currently performed by the National Youth Agency.

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