Active repentance is a mechanism that allows you to regularize your situation in the event of errors, omissions or underpayments discovered on your income tax return. Let’s see in detail how it works and what new features have been introduced this year.
Confirmed throughout 2023 Active repentancethe mechanism that allows you Settle your tax situation In the event of taxes or duties due but not declared in the tax declaration.
Let’s see in the next article what it is and how it was modified before Budget Law 2023.
Diligent Repentance 2023: What it’s about
According to the current legislation, any errors, omissions or underpayments found in the income statement can be settled through the so-called Active repentancethe mechanism that allows you To settle tax irregularities and omissions Before ascertaining this or before inspections, checks or other administrative activities of which the infringer is formally aware have commenced.
Toiling repentance: When does it apply?
Active modification 2023 may relate to Premium:
- of the tax due;
- interest, calculated at the annual statutory rate from the day on which the payment should have been made until the day of the actual payment;
- of a reduced sentence.
pay reduced penaltiesWhich differ in terms of the timing of repentance and the type of violations committed, the taxpayer can avoid falling into heavy fines.
Active repentance: penalties
All below Reducing administrative fines:
- to 1/10th of the normal amount in cases of non-payment of tax or an advance, if given within 30 days of the expiry date;
- 1/10th of the minimum that envisaged for the offer of a deleted return, if it is submitted with a delay of not more than 90 days, or 1/10 of that minimum that envisaged for the offer of the deleted periodic return provided for by VAT, if it is submitted with a delay not more than 30 days;
- to 1/9 of the lower limit if the settlement of errors and omissions, even if they affect the determination or payment of the tax, is made within the ninetieth day after the deadline for filing the return, or if periodic returns are not required, within 90 days of the omission or The error ;
- to 1/8 of the lower limit, if the errors and omissions, even if they affect the determination or payment of the tax, are settled within the deadline for filing the return relating to the year in which the offense was committed, or, in the absence of a periodic declaration, within one year of omission or error;
- to 1/7 of the minimum, if the settlement of errors and omissions, even if they affect the determination or payment of the tax, is made within the deadline for filing the return relating to the year following that in which the violation was committed or, in the absence of a periodic declaration, within two years of omission or error;
- to 1/6 of the lower limit, if the settlement of errors and omissions, which also affect the determination or payment of the tax, is made after the deadline for filing the return relating to the year following that in which the breach occurred, or, if a periodic declaration is not expected, more than two years of omission or error;
- To 1/5 of the minimum if the settlement of errors and omissions, even if they affect the determination or payment of tax, takes place after confirmation of the violation, except in cases where tax receipts, receipts or transport documents are not issued or devices for issuing tax receipts are not installed.
The new “private” toiling repentance
there Budget Law 2023 introduced the new “Private” toiling repentancewhich makes it possible to settle violations related to returns correctly submitted in relation to the current tax period as of December 31, 2021 and previous tax periods.
This mechanism allows taxpayers to pay an amount equal to Eighteen of the minimum legal penalties required by law, in addition to the taxes and interest due. In this case, by March 31, 2023 Follow up:
- upon payment of the full amount (or the first installment in the case of annuities);
- Remove all irregularities and omissions subject to the amendment.
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