But the dangerous law, which greatly weakens the amendment, is in the end: “The assignor is in any case jointly and severally liable for the recovery of the amount referred to in paragraph 5, without prejudice to any other joint and several liability of another person, pursuant to paragraph 6”; The mentioned paragraphs are those contained in Article 121 of Legislative Decree No. 34/2020. It implies that any person who performs the fourth task will be jointly and severally liable with the holder of the discount, in the case of ascertaining revenue on the requirements conferring entitlement to the reward.
Therefore, it is a matter of multi-track liability that makes it really difficult for those transferring credit on a fourth assignment to get the collateral needed to avoid risk. Precisely for this reason, on April 8, there were several signs of intense bewilderment about the effectiveness of the change.
This arrangement, in fact, makes the selling process very uncomfortable for banks, as it significantly increases their potential liabilities, forcing institutions to respond to any possible objection presented to the discount holder. Almost no one will easily decide to take advantage of this opportunity. “It is possible – explains Antonio Pesciucci of Deloitte – that we wanted to make it clear that a ‘permanent transferee’ who buys from supervised entities is exempt from liability, but this goal can be achieved by abolishing the period that provides for joint and multiple liability or by specifying that The final assignee is exempted from making checks on the credit purchased.”
The same amendment that the committees agreed together contains an extension to the deadline (postponed from April 29 to October 15, 2022) to call Inland Revenue for the option of credit transfer or invoice deduction for IRES subjects and VAT numbers, which are required to file a tax return by November 30, 2022. .
Basically, this is a shift that will allow, above all, companies that have guaranteed discounts on bills to their customers to save time and avoid liquidity problems. On the other hand, individuals still have to expedite the lockdown by April 29. No further changes in conditions are expected for them.
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