The L.D.73/2021 foreseen a strengthening of ACE (aid to economic growth) for the tax period following the one in progress at 31/12/2020, defining the coefficient to be applied to the 15% increase in equity capital.
-stable organizations in the Italian territory
– commercial entities
– physical person
– general partnership and limited partnership
– changes in equity capital increases of a maximum amount of 5 million euros in the tax period following the one in progress at 31/12/2020.
A prerequisite for benefiting from “super ACE” is the carrying out of capital increases such as:
- cash contributions by shareholders (e.g. capital increases, capital account payments, etc.);
- credit waivers by shareholders;
- accrual of profits to reserve.
-shareholders funding are not incluted in the calculation
The tax benefit corresponding to the “super ACE” is enjoyed by the company, alternatively:
- according to the ACE ordinary rules, and therefore in the form of tax-free income which reduces the IRES or IRPEF tax base;
- as tax credit, calculated by applying the IRPEF (personal income tax) or IRES (company income tax) rates to the 2021 yield.
The quantification of the benefit does not vary according to the chosen option, but in the second case it is used in advance.
If a company has set aside for 2021 as a reserve for the 2020 profit, for a total of 400,000.00 euros, the benefit is calculated as follows:
|Notional yield||40000 × 15% =60.000|
|Tax savings (IRES) / Tax credit||60.000 × 24% = 14.400|
Following a tax-free income of 60,000.00 euros, a saving in terms of IRES of 14,400.00 euros is realized.
Saving will be made when the payment of the IRES (company income tax) balance for 2021 (June / July 2022) is made, if it twill be decided to use the benefit in the tax return.
Alternatively, it will be possible to use the benefit in the form of tax credit, which can be sold, used in offsetting with F24 or requested as refund.
If It will be decided to use the benefit as tax credit, a request must be sent exclusively electronically to the Tax Agency, which will issue within 5 days a receipt of taking charge or of any rejection of the request. The credit can be requested starting from 11/20/2021 until 11/30/2022.
The credit can be used from the day following the one in which the contribution by the Tax Agency is made and can be used in compensation (in F24) or requested as refund in the tax return, or it can be transferred to third parties.
The law provides for a partial or total recovery of Super ACE 2021 in the event that within the following two years (2022 and 2023) the net worth reduction is not caused by the occurrence of budget losses.
LG Consulting Commercialisti Associati