Article authored by Giampaolo Provaggi, Founding Partner of GPD, published in Corriere Tributario, 2/2023.
The Code of Crisis, as amended by Legislative Decree No. 83/2022, has incorporated the institution of Negotiated Composition, with the discipline relating to tax-related “Incentive Measures”. This latter provision has replaced the previous provision, which never came into force. The provision in question is not characterized by linearity and clarity and presents issues in relation to the conclusive phase of the negotiated process and, specifically, with regard to the application to alternative solutions of the partial taxability of contingent liabilities arising from debt discharge as provided for in Article 88, paragraph 4-ter, of the Consolidated Income Tax Act, as well as the reduction of interest on tax debts. Interpretation by the Revenue Agency is also necessary regarding the application of benefits relating to the reduction of penalties.