Stability Law, what changes for businesses in 2016

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Jobs, investment, new kinds of companies, taxes, new to the market with cash roof and obligation to POS: the news for businesses contained in the 2016 Stability Law.

Investment incentives, tax rebates that meet the demands of businesses in recent years, the elimination IMU farmland and bolted IRAP agricultural enterprises, the continuation of the work undertaken in 2015 with the discounts on open-ended contracts, which are extended but to a lesser extent (40%), significant innovations to the market, with the new roof to 3 thousand euro for the use of cash and the obligation to POS for microspese over 5 euro: there are many new products for the undertakings contained in the Stability Law entered into force on January 1, 2016. Here is a detailed overview on the main rules on investment incentives, tax, labor, trade.

The key measure is represented by superammortamento to 140% on the purchase of new machines: the deduction is applicable to purchases made in capital goods from 15 October 2015 to 31 December 2016. The measure is contained in paragraph 91 of the sole article of the maneuver, and affects businesses and artists and professionals. So for the purpose of income tax, for the determination of amortization and financial leasing, the acquisition cost is increased by 40%. The facility can also be applied to the costs of transport might be used in the performance of the company or the profession. Cases where you can not apply the superammortamento:

Equipment investment with depreciation rates below 6.5% (according to the decree of the Minister of Finance 31 December 1988), investments in buildings and constructions;
investments in production and distribution of natural gas, railways, air and sea transport, and other goods listed in Annex 3 of the Stability Law.
Warning: superammortamento 140% no effect on the determination of the advance due to the tax year in progress at December 31, 2015, made by considering which set the previous period that that would be determined in the absence of tax benefits provided by the operation.

There is a benefit further established by paragraph 98 of the maneuver for firms in the South, namely Campania, Puglia, Basilicata, Calabria and Sicily, and the assisted areas of Molise, Abruzzo and Sardinia. It is a tax credit, adjusted according to the size of the company, the provisions of paragraph 98, for three years from January 1, 2016 to December 31, 2019. The maximum rate is 20% for small companies, 15 % for medium enterprises and 10% for large enterprises, up to a limit of 1,5 million euro for small businesses, 5 million euro for medium-sized enterprises and 15 million euro for large enterprises. Agevolabili investments: the purchase, including through financial leasing contracts, machinery, plant and equipment intended to production facilities that already exist or that are implanted in the territory. Excluded sectors: steel industry, coal, shipbuilding, synthetic fibers, transport, energy, banking, finance, insurance. The tax credit can be accessed by sending a communication to the Revenue, with the terms and conditions to be determined by ministerial decree implementation.

Important news for professionals, equivalent to SMEs’ access to EU funds (regional and national organizational plans, POR and PON, as part of the European Social Fund, ESF and the European Regional Development Fund ERDF).

The budget also introduces the general discipline of the “company benefit”, which are for profit (and divide the profits), but pursue
one or more purposes of common benefit, specifically indicated in the corporate purpose, and operate in a responsible, sustainable and transparent to people, communities, territories and environment, property and cultural and social activities, organizations and associations and other stakeholders .

Other measures: resources for 50 million euro for 2016, for the Special Plan for the promotion of Made in Italy (paragraph 196), 10 million euro for the period 2016-2018, to access and continuity of credit to Companies subject to capital measures in criminal proceedings or prevention.

Abolished the IMU for agricultural land and for bolted businesses. Paragraph 13 of the maneuver eliminates the IMU for all agricultural land owned by professional contractors and farmers, regardless of their location. The rule relating to machinery fixed to the ground of business (paragraph 21) states that the cadastral income of the real estate business of the group D is calculated excluding “machines, devices, equipment and other facilities, functional to the specific production process”, on which the Consequently it will not pay the IMU.

Reduced rate of 1% for the unsold properties of construction companies. For farms, there is also the abolition of IRAP.

There are several news related to the system of minimum. And ‘the transition period during which it was still possible to adhere to the old system with a rate of 5%, from January 1 opener VAT have to enroll in the new flat rate system with the highest rate, at 15%, but a different way of calculate the taxable amount, with a system of coefficients that change for different economic activities. For freelancers, the income ceiling to be able to enter and remain in the system of minimum has been increased to 30 thousand euro. Fall within the scheme of the Least also employees (for example, if an activity open) where the previous year’s income is at most equal to 30 thousand euro. Change the Regime least for start-ups: apply in the first four years, at a rate of 5%, while the previous standard provided a benefit for the first two years of business, reducing the tax by a third.

Preferential tax rates and new rules, in terms of simplification and anti-evasion, for the sale of assets to shareholders, even real estate, other than instrumental (paragraphs 115-118) established a substitute income tax and regional tax in 8%, rising to 10.5% for the shell companies, considered non-operational in at least two of the three tax years preceding the year in progress at the time of assignment, sale or processing. Substitute tax to 8% for the individual entrepreneur that by 31 May 2016, chooses the exclusion of assets from the assets.

The IRES will drop to 24%, from the current 27.5%, from 2017 (there is the anticipation of the cut to 2016, the resources originally allocated to this measure were used for the so-called security package-culture , following the attacks of 13 November in Paris.

Extended for 2016 discount contributory on open-ended contracts of the companies, but at 40%, then to a lesser extent than last year. The contracts since last January 1, for a maximum period of 24 months (two years).

Back to the substitute tax on productivity bonuses, to 10%. 2017 extended the tax relief income tax labor income of 70 or 80% for workers returning from abroad.

Rises to 3 thousand euro threshold for the use of cash, and remains at a thousand Euros for transfers via money transfer and payments by the government (ie, among other things, for the payment of pensions).

The other important change for trade deals with the obligation of POS shops and professionals are obliged to accept payments by debit and credit cards for micro amounts, greater than 5 Euros. Disappears then the previous threshold of 30. The law provides an exception for cases of technical impossibility. It will be a ministerial decree of implementation, expected by February 2016, to determine precisely the implementation criteria and rules of harmonization with the European directive on the cap on interchange fees equal to 0.3% of the transaction value for credit cards and 0.2% for payments via ATM.


Source: P.M.I.


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