The national government has established, through Legislative Decree 29 March 2024 n. 39 (tax-superbonus decree), the introduction of new rules for the use of the Industry 4.0 Tax Credit and the Tax Credit for Research, Development, Innovation and Design.
The new procedures came into force on March 30, 2024.
The main innovation concerns, for the usability of credits on 4.0 investments and R&D expenses carried out between 1 January 2024 and the day before its entry into force, the new final reporting obligation, but the behavior to be adopted beforehand remains to be clarified of the approval of the forms to be used as we are still waiting for the electronic reporting model to be sent to the Ministry of Business and Made in Italy.
For the Industry 4.0 Tax Credit the following provisions apply:
- For investments made in 2023, starting from 30 March 2024, the possibility of offsetting credits accumulated but not yet used will be conditional on the presentation of a communication according to the procedures specified by the directorial decree being published.
- For investments made between 1 January 2024 and 29 March 2024, an electronic communication certifying the completion of the investments is required, following the instructions of the aforementioned directorial decree.
- For investments started from 30 March 2024, companies will have to provide, in advance and via electronic communication, an estimate of the total amount of the planned investments, as well as an estimated annual distribution of the tax credit and its use. This communication will need to be updated upon completion of investments.
For the Tax Credit for Research, Development, Innovation and Design, similar rules apply:
- Investments made between 1 January 2024 and 29 March 2024 require an electronic communication of completion, following the methods described in the directorial decree yet to be published.
- For investments started from 30 March 2024 onwards, a prior electronic communication is required regarding the total amount expected for the investments, with a projection of the distribution of the tax credit over the years and the related use. Again, the communication must be updated once the investments are completed.
