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As every year, taxpayers have the opportunity to proceed, if necessary, with the presentation of the complementary tax return. Those who have made mistakes in reporting their position to the tax authorities will therefore be able to regret it again this year. before December 31. Integration, however, in some cases exposes specificities sanctions, let’s see which ones.
Missed or late filing of tax returns: when the penalty is triggered
As recently specified by the Tax Agency, with Resolution no. 82 / E of 2020, legislative decree 158/2020 in art. 16 (paragraph 1, letter c, n. 3), entitled “Criteria to determine the sanction”, introduced in article 7 of legislative decree no. 472/1997, paragraph 4-bis, according to which “unless otherwise provided in the individual reference laws, in the event of filing a statement or complaint within thirty days following the expiration of the relative term, the penalty is reduced to the half “.
This provision, however, is of a general nature, since it applies only to cases that are not expressly governed by individual sectoral provisions and, consequently, it is applicable in a residual manner, only in cases where there are no provisions intended to regulate the delay in filing statements or complaints.
In the case of:
- registered in the Registry of Public Accountants, Accountants and Commercial Experts and Labor Advisors;
- enrolled as of September 30, 1993 in the functions of experts and experts of the chambers of commerce, industry, crafts and agriculture of the tax subcategory, in possession of a degree in law or in economics and commerce or equivalent or a diploma in accounting;
- trade union associations between employers, as well as those that associate individuals belonging to ethnic-linguistic minorities;
- tax assistance centers for companies and for employees and retirees;
- other officials identified by decree of the Minister of Economy and Finance.
The late or omitted presentation of the income statement is sanctioned with administrative fine of € 516.46 to € 5,164.57.
Likewise, in the absence of specific mitigating legislation in these cases, in case of remission of the declaration by the parties in charge of the electronic delivery, beyond the deadline provided by law, the specific sanction to be borne by the intermediary may be half reduced if you send the same return with a delay not exceeding thirty days.
Late tax filing: when the penalty is not triggered
In its Resolution, the Public Treasury also specified that: “Only the presentation of a complementary declaration entirely in favor of the taxpayer is not subject to any sanction“. While:” The administrative sanction expires from 250 euros to 2,000 euros if the supplementary return is presented to correct errors or omissions both in favor and against the taxpayer and the final result of the same is in any case represented by a higher credit ”.
Finally, the EA specified that it is not possible to proceed with the compensation between credit and debit tax surpluses that arise simultaneously from an omitted declaration. The recovery of the credit surplus, in fact, is allowed after confirmation by the Financial Administration of its substantial effectiveness. For this reason, for example, the taxpayer may be required to present the accounting and non-accounting documentation necessary for said confirmation.
Supplemental tax return, when it must be submitted
Regarding the deadline for submitting the supplemental tax return, as established by the legislator, both in the case of integration for and against, the taxpayer has five years to repent.
Where to integration “against” we refer to the correction of errors or the reporting of omitted data that leads to a higher tax debt or lower credit, while for integration “in favor” means the regret of the taxpayer who realizes that he has indicated deductible or deductible charges not due and / or that he has done it incorrectly, reporting income to a greater extent than the real one (correction will result in a higher tax credit or a lower debt).
Specifically, in accordance with the provisions currently in force, a supplementary declaration can be submitted before December 31 of the fifth following year to the one in which the statement to be corrected was presented.
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