18 set 2024
The Transition 5.0 Plan introduces a new tax credit for investments in Italian production facilities, applicable to resident companies and stable organizations of foreign enterprises.
The legal form and income determination regime are irrelevant, but the investments must be related to production structures located in Italy.
The plan mirrors the previous 4.0 credit, extending eligibility to various entities, including individual enterprises, partnerships, corporations, cooperatives, and non-commercial entities engaged in business activities.
However, it excludes professionals, occasional business activities, and non-resident entities without a stable organization in Italy.
The Transition 5.0 Plan, as outlined in Article 38 of Decree-Law 19/2024, introduces a new tax credit aimed at encouraging investments in production facilities located in Italy.
This incentive is available to resident companies and stable organizations of foreign enterprises, regardless of their legal form, size, or income determination regime.
The primary requirement is that the new investments must be related to production structures situated within Italian territory.
This provision closely follows the guidelines established by Law 178/2020 for the 4.0 credit, allowing for reference to previously provided clarifications.
The term 'resident companies' encompasses a wide range of entities, including individual enterprises, partnerships (Snc and Sas), corporations (Srl, Spa, and Sapa), cooperatives, and mutual insurance companies.
Additionally, the benefit extends to non-corporate entities primarily engaged in commercial activities.
Non-commercial entities can also take advantage of the 5.0 credit, but only for investments made within their business activities.
Agricultural enterprises determining their income based on Article 32 of the Tuir, as well as business networks (as per Circular 9/E/2021), are eligible.
The incentive also applies to professional associations (Stp) with business income.
The regulation also includes stable organizations of foreign entities operating within the Italian territory.
However, it explicitly excludes professionals, both Italian and foreign taxpayers engaged in occasional business activities, and non-resident entities without a stable organization in Italy.
Entities determining their business income using simplified criteria, such as the flat-rate regime under Law 190/2014 or substitute tax regimes, can also apply the 5.0 incentive.
However, the new tax credit is not available to companies in voluntary liquidation, bankruptcy, preventive arrangements without business continuity, or other insolvency procedures.
Companies facing sanctions under Legislative Decree 231/2001 and the Anti-Mafia Code (Legislative Decree 159/2011), those not complying with workplace safety regulations, and those failing to meet social security and welfare contribution obligations for workers are also excluded from the benefit.