Sostegni bis decree, approved the 40 billion incentive package for families and businesses

An overview

Having overcome the impasse created on the issue of layoffs, the Sostegni bis decree, renamed Enterprises, work, youth and health by the government, was published in the Official Gazette no.123 of 25.05.2021 and entered into force on 26 May.

Support for businesses, credit, health, work, school: the new Sostegni bis decree launched by the Draghi government moves along various lines and provides for an allocation of about 40 billion euros , based on the budget variance already authorized by Parliament, in order to to strengthen and extend the tools to combat the spread of the contagion and to contain the social and economic impact of the prevention measures that have been adopted.

But let's analyze the structure of the Decree and the main measures of interest for companies.

The planned interventions are divided into 7 main lines of action:

  • support for businesses, the economy and reduction of fixed costs;
  • access to business credit and liquidity;
  • health protection;
  • work and social policies;
  • support to local authorities;
  • young people, school and research;
  • sectoral measures.

The news for business support

1 # Support for businesses, the economy and reduction of fixed costs

  • Urgent measures in support of the tourism sector and hotel bonuses (Article 7) In paragraph 5 of Article 7 the measure of the tax credit for the redevelopment and improvement of tourist-hotel accommodation facilities is extended by one year, providing for a allocation of 100 million for the year 2022.

  • Urgent measures for the textile and fashion sector (Article 8)  The Sostegni-bis Decree extends the tax credit to 2021 to contain the negative effects on final inventories in the textile, fashion and accessories sector, introduced by the Decree Relaunch (art. 48 bis) and increases the spending limit of the measure by 50 million for 2021 (which goes from 45 to 95 million) and 150 million for 2022. We remind you that the tax credit is equal to 30% of the value of the final inventories exceeding the average of the three years prior to the one attributable to the benefit and is applicable, upon communication to the Revenue Agency and until the resources made available by the State are exhausted, both in relation to the 2020 tax period and to the 2021.

  • Support measures for the sports sector (Article 10) With Article 10 of the Sostegni Decree , the tax credit for sponsorships referred to in article is extended to the end of 2021 , for a total amount of 90 million euros . 81 of the decree-law of 14 August 2020, n. 104.  The measure provides for the granting of a contribution, in the form of a tax credit, equal to 50%investments in advertising campaigns, including sponsorships, towards leagues that organize national team championships in the context of Olympic disciplines or professional sports clubs and amateur sports clubs and associations registered in the CONI register operating in disciplines admitted to the Olympic Games and which play youth sports activity
  • Urgent measures to support internationalization (Art.11) The Sostegni Bis Decree at art. 11 establishes the refinancing of the revolving fund 394/81 managed by Simest for 1.2 billion euros and increases the allocation of the Integrated Promotion fund dedicated to the non-repayable grant component by 400 million . Capitalization operations will be excluded from the non-repayable co-financing.  For all the other instruments under the 394/81 fund, the non-repayable component remains, albeit to a reduced extent: 

-   Up to the limit of 25% by December 2021, under the Temporary Framework;

-  Up to the 10% limit from January 2022

2 # Measures for access to credit and corporate liquidity

  • Amendments to the tax credit regulations for new capital goods (Art.20) Art. 20 of the Legislative Decree “Sostegni-bis” introduces the new paragraph 1059-bis, according to which “for investments in tangible capital goods other than those indicated in Annex A annexed to Law no. 232, made starting from November 16, 2020 and up to December 31, 2021, the tax credit due pursuant to paragraph 1054 to subjects with a volume of revenues or remuneration of not less than 5 million euros can be used in compensation in a single annual fee ".

    Therefore the tax credit can be used in a single solution also by subjects with revenues equal to or greater than 5 million euros, for investments in "ordinary" tangible capital goods made in the period 16 November 2020 - 31 December 2021.

  • Extension of the annual limit of offsettable or repayable credits to tax account holders for the year 2021 (Article 22) . With an allocation of 1.6 billion,the annual limit of offsettable or repayable tax credits for the year 2021, using the F24 form2 million euros.

3 # Incentives for health protection

  • Provisions on research and development of vaccines and drugs (Article 31)

    Companies that carry out R&D activities for innovative drugs, including vaccines, are entitled to a tax credit of 20% of the costs incurred from 1 June 2021 as at 31 December 2030, up to a maximum amount of € 20 million per year for each beneficiary. A budget of 787.3 million euros is dedicated to the benefit, which constitutes State Aid under exemption .

    All costs incurred for fundamental research, industrial research are considered eligible, experimental development and feasibility studies necessary for the project, as indicated in Article 25 of Regulation (EU) no. 651/2014 of the Commission, excluding costs relating to buildings and land. 

    The tax credit cannot be combined , in relation to the same eligible costs, with other incentives in the form of a tax credit for R&D activities.  The tax credit is also due to resident companies (or permanent establishments in the territory of the State of non-resident subjects) that carry out R&D activities in Italy, as commission agents, in the case of contracts stipulated with foreign companies.resident or located in other member states of the European Union, in the states adhering to the agreement on the European Economic Area or in states included in the list referred to in the decree of the Minister of Finance of 4 September 1996.  The tax credit can be used in three annual installments of the same amount, starting from the year following the year of accrual.

  • Tax credit for the sanitation and purchase of protective devices (Article 32).

    32 of the Sostegni bis provides for a tax credit equal to 30% of the expenses incurred in the months of June, July and August 2021 for the sanitation of the environments and tools used and for the purchase of personal protective equipment and other devices to ensure the health of workers and users, including the costs of administering tampons for Covid-19.

    The tax credit in question is up to a maximum of € 60,000 for each beneficiary, within the overall limit of € 200 million for the year 2021. The subsidy is recognized to subjects carrying out business activities, arts and professions, to non-commercial entities, including third sector entities and civilly recognized religious entities. Non-hotel accommodation facilities of a non-business nature are also allowed provided that they are in possession of the identification code referred to in art. 13-quater, paragraph 4, of Legislative Decree 34/2019 (Growth decree), as a bed and breakfast.

4 # Measures for the world of culture

  • Urgent measures to support the printing chain and advertising investments (Article 67)

Paragraphs 10-13 of Article 67 deal with the measure of the "advertising bonus", providing for an increase in the resources allocated to credit for the two-year period 2021-2022. '' tax in favor of businesses, self-employed workers and non-commercial entities that carry out advertising campaigns in the daily and periodical press, including online, and on television and radio, analogue or digital broadcasters not owned by the State. The spending ceiling rises to 90 million euros for each of the two years, of which 65 are destined for investments in newspapers and 25 for those on television and radio stations .

It is also established that, for 2021, the electronic communication to access the benefit will be presented between 1st and 30th September (instead of between 1st and 31st March, as expected when fully operational); In any case, any communications sent in March remain valid.

In the last few days, not only was the Sostegni Bis Decree published but a few hours after the expiry of the deadline, the conversion law of the Sostegni Decree - DL March 22, 2021 n.41 converted with Law May 21 2021 n. 69.

During the conversion, article 1 bis was added “ Amendment to article 110 of the decree-law of 14 August 2020, n. 104"Dedicated to the revaluation of corporate assets introduced by the August decree, which provides for the possibility for companies to carry out a revaluation of corporate assets and equity investments resulting from the financial statements at 31 December 2019 , as well as from the financial statements during which the revaluation carried out.

By virtue of the aforementioned article 110, in the original formulation, the revaluation can only be implemented in the 2020 budget. Companies with a financial year not coinciding with the calendar year can carry out the revaluation in the balance sheet or report relating to the current financial year as at 31 December 2019, if approved after the date of entry into force of the law converting the August decree (14 October 2020 ), provided that the business assets and equity investments are shown in the financial statements of the previous year.

The converted Support Decree, on the other hand, has extended the possibility of carrying out the revaluation of company assets and equity investments resulting from the financial statements as at 31 December 2019 (as well as in the 2021 financial statements) also in the financial statements subsequent to that provided for by the original regulation (i.e. budget 2021, for companies with financial year coinciding with the calendar year), butwithout tax relevance . The revaluation can only be used for assets not revalued in the previous financial statements.