(Finance) – “The start tax transaction within the negotiated settlement, with the possibility of eliminate tax and social security debt”. This is what he underlines Matteo DeLisepresident ofAie etc (Italian Association of Crisis Composition Experts), commenting on some innovations introduced by the draft corrective decree of the Crisis and Insolvency Codewhich the Council of Ministers is preparing to examine.
“They detect themselves positive news– states De Lise – one of all concerns the possibility of sign an agreement with the tax authorities as part of the CNC negotiations, until now not expected. Currently, no provision relating to the negotiated settlement refers to articles 63 and 88 of the Ccii, which regulate the tax transaction. To silence any doubt, she had also expressed herself the Revenue Agencyreferring to the provision contemplated by the enabling law for tax reform, which it anticipates the extent of the tax transaction within the composition. According to the Agency, this provision would constitute express confirmation of the current inadmissibility of decimating the tax credit within the CNC”.
“In fact, this exclusion has until now represented a limit for access to the negotiated settlement – continues De Lise – undermining ‘ab origine’ the choice of instrument for resolving the crisiswhich, however, has notable advantages, such as, for example, the ease of access and the relatively short duration of the negotiations (and therefore, hopefully, the resolution of the crisis in a short time)”.
“The draft of the corrective – underlines the number one of the Aiecc – introduces the paragraph 2-bis of the art. 23, which currently regulates the conclusion of the negotiations. According to the new provision, it is during the negotiations that the entrepreneur will be able to formulate a proposal for a settlement agreement to the Revenue Agency, the local public bodies, the Revenue Collection Agency, the National Institute of Social Security and the Institute National Accidents at Work, providing for the payment, partial or deferred, of the debt and related accessories”.