Features Regime of the Minims 2012: who can benefit from it, which ensures benefits, amount substitute tax, no withholding tax
The Inland Revenue emanates two measures expected to implement the new regime introduced by the last financial and fiscal 2012, which replaced the old flat-rate schemes. For the lucky few that will include the big change from the past is that the fees are not subject to withholding tax. Will also be a part of - if they satisfy the requirements - even those who had adhered to the regime of the new initiatives and the ordinary, but always, within the time limits prescribed by the regulations.
No withholding tax
Those who have the characteristics of former taxpayer minimum (revenues of less than 30 thousand euro, the absence of co-workers or employees, etc. ..) while they are in possession of the requirements laid down in art. 27 of Legislative Decree 98/2011 to fall within the new regime facilitated the so-called "superminimi", will benefit from big advantages: in addition to the application of the substitute and additional income tax of 5%, and all the benefits of the old regime minimum, will be exempt from withholding tax, but will have to invoice "issued a declaration to the effect that the income which the amounts belong is subject to withholding tax."
In addition to the old minimum, this may include those who were in "ordinary regime" or "special regime for new initiatives"
It is reiterated that the new regime is of limited duration of five years, calculated from the year of commencement of operations and applies to those who started the profession after 31 December 2007 or that will undertake after January 1, 2012 , provided they meet the entry requirements and the staying regime of the old minimum (Law 244/2007, article 1, paragraphs 96-99) and those expressed by the law establishing the "superminimi" (not having exercised the 3 years before a 'activities in associate or family, not to pursue an activity previously carried on as an employee or self-employed, do not continue in an entrepreneurial activity to another entity whose revenues in the period preceding the tax, are exceeding EUR 30 thousand).
It is clear that fall in the "superminimi" - in addition to the old minimum - the taxpayers (in possession of the requirements mentioned above) who started the business after December 31, 2007 and who had not opted for the new business initiatives or "forfettino "(Law 388/2000) or to the ordinary regime. As for the old minimum these will access the new regime of benefit to the "tax periods residues at the completion of the five-year period and no later than the completion of 35 years of age."
Exceptions for those who are on the move or have lost their jobs
As to the condition of access to superminimi according to which the new activities should not be in any way a mere continuation of other activities previously carried out in the form of employment, the Agency makes it clear that this will not be an impediment to entry into the " superminimi "if the taxpayer gives evidence that they have lost their jobs or being on the move for reasons beyond their control.
The duration
With regard to the duration is also clear that with "start activity" refers not to the opening of VAT, but the actual start of the asset.
In addition, it is also clear that the new regime can remain there for the tax year logon and for the next four, but the younger ones will beneficiarvi for longer, or until the child reaches 35 years of age and without having to express no option. Therefore, the time limit is extended only to those who, at the end of the 5th year of operation, has not yet reached the age of 35.
It 'clear, therefore, that access or stay in the new regime are not related to age requirement, which is only a benefit for younger people. It may, therefore, benefit from the new facilities also those beyond the age of 35 if they respect the time limit of five years mentioned above.
Who, though, comes out by choice or by decay of the requirements, it can no longer re-enter.
Further exemptions: the spesometro
The "superminimi" are also exempted from the obligation to make the communication electronically file the relevant transactions of the value added of an amount exceeding EUR 3 thousand, laid down in Article 21, paragraph 1 of the Decree Law of 31 May 2010, n . 78.
The old minimum that do not fit into the scheme ahead of 2012.
The "accounting regime facilitated"
Even the simplified accounting regime (paragraph 3, art. 27 Law 98/2011) - provided for those who are qualified under the law 244/2007 relative to the old system of minimum, not within the new facilities - is applied not only to the old minimum taxpayers but also to those who had adhered to the system of new initiatives or the ordinary.
So if you keep the requirements that allowed access to the scheme of the old minimum required by law 244/2007 (turnover of less than EUR 30 thousand, no employees or collaborators, limited purchase of capital equipment, etc. ..) but you can not benefit from the tax advantage of 2012 or if it comes out, whether it was in the ordinary regime, the minimum, or new initiatives, there will be the opportunity to join the simplified accounting regime.
The advantages to this system - please note - are: the exemption from the registration records, from the estate of the records of depreciable assets, the payment of IRAP and from the payments and periodic payments of VAT. Remain: the payment of additional local income tax, payments and settlements annual VAT and also the sector studies.
In Depth:
Inland Revenue, order no. 185820/2011;
Inland Revenue, order no. 185825/2011
29/12/2011
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Translated via software
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Source:
Italian version of ReteIngegneri.it