🗓️ Starting from July 1, 2024, important changes will come into effect regarding the offsetting of tax debts through the F24 form.
These modifications, introduced by the 2024 Budget Law, aim to fight the unlawful use of offsets and ensure greater control by the Revenue Agency.
The new provisions add to the existing rules on offsetting, such as the generalized obligation of electronic submission and the limits established by the fiscal decree-law no. 14/2019.
🚫 Ban on Offsetting for Debts Over 100,000 Euros
One of the main changes concerns the ban on offsetting through F24 for taxpayers with registered debts exceeding 100,000 euros.
This limit applies until the complete extinction of the amounts due. Debts under installment plans that have not lapsed are excluded from the computation.
Indeed, paragraph 94, article 1 of law no. 213/2023, provides that, in derogation of article 8, paragraph 1, of law 27 July 2000, no. 212, for taxpayers who have registered debts for taxes and related accessories or enforceable assessments assigned to collection agents for amounts exceeding 100,000 euros, where payment terms have expired and payments are still due or no suspension measures are in place, the ability to use the offsetting as per article 17 of legislative decree 9 July 1997, no. 241, is excluded.
This provision ceases to apply following the complete removal of the violations contested.
🖥️ Mandatory Use of Revenue Agency’s Telecommunication Channels
Another significant change concerns the mandatory use of the Revenue Agency's electronic services to carry out offsets through F24. This method becomes mandatory both for zero-balance offsets and those with a positive balance.
It will no longer be possible to use home banking services or authorized intermediaries.
The obligation of electronic submission of the F24 form also applies to non-VAT holders. Submission of the F24 form electronically can be done directly by the taxpayer or by the withholding agent, through the "F24 web" or "F24 online" services, or via an authorized intermediary.
The obligation is excluded if the credit displayed in the F24 form represents a mere alternative mode to the direct deduction of the credit from the tax debt paid in the same F24 form.
🏦 Offsetting INPS and INAIL Credits
The obligation to use the Revenue Agency’s telecommunication channels is also extended to offsets involving credits accrued against INPS and INAIL.
In particular, the offsetting of credits of any amount accrued as contributions towards INPS can be performed:
By non-agricultural employers from the fifteenth day after the monthly deadline for the electronic submission of payroll data and the necessary information for calculating the contributions from which the credit arises, or from the fifteenth day after its late submission; from the date of notification of passive adjustment notes.
By employers paying unified agricultural labor contributions from the due date of the payment relating to the agricultural labor declaration from which the credit arises.
By self-employed individuals registered in the special management of artisans and tradespeople and by freelancers registered in the INPS separate management from the tenth day after the submission of the tax return from which the credit arises. The substantial correctness of the offset credit remains unchallenged.
Client companies for fees subject to contributions to the separate management referred to in article 2, paragraph 26, of law no. 335/1995 are excluded from the offsets.
Regarding INAIL credits, the offsetting of any amount of premiums and accessories accrued against the Institute can be carried out provided that the certain, liquid, and payable credit is recorded in the archives of the Institute.
⏰ Timelines for Offsetting Social Security Credits
The new provisions on offsetting social security credits came into effect on January 1, 2024, but their effectiveness, even progressive, will be defined by a specific joint provision of the Revenue Agency, INPS, and INAIL.
Therefore, we are waiting for further updates to define the start times of the planned tightening on offsets.
🚷 Exclusion from Offsetting for VAT Number Cessation
The ability to use offsets is also excluded for taxpayers for whom the automatic cessation of the VAT number is provided, related to risk profiles of systematic non-compliance with tax obligations.
This provision adds to other exclusion causes already provided by current regulations, such as the presence of debts registered exceeding certain thresholds or failure to submit tax returns.
Key Changes in Offsetting Through F24 Introduced by the 2024 Budget Law:
The ban on offsetting for taxpayers with registered debts exceeding 100,000 euros until the complete extinction of the amounts due, excluding debts under installment plans that have not lapsed.
The mandatory use of the Revenue Agency’s electronic services for offsets, both for zero-balance and positive balance offsets, without the possibility of using home banking services or authorized intermediaries.
The extension of the obligation to use the Revenue Agency’s electronic channels also to offsets involving credits accrued against INPS and INAIL, with specific timelines for different categories of taxpayers.
The exclusion from the ability to use offsets for taxpayers for whom the automatic cessation of the VAT number is provided, related to risk profiles of systematic non-compliance with tax obligations.
What is the debt limit beyond which the offsetting ban applies?
The debt limit beyond which the offsetting ban through F24 form applies is set at 100,000 euros.
In particular, paragraph 94, article 1 of law no. 213/2023, provides that, in derogation of article 8, paragraph 1, of law 27 July 2000, no. 212, for taxpayers who have registered debts for taxes and related accessories or enforceable assessments assigned to collection agents for amounts exceeding 100,000 euros, where payment terms have expired and payments are still due or no suspension measures are in place, the ability to use the offsetting as per article 17 of legislative decree 9 July 1997, no. 241, is excluded.
In what cases is the ability to use offsets excluded for taxpayers?
The ability to use offsets through F24 form is excluded in various cases:
For taxpayers with registered debts exceeding 100,000 euros, until the complete extinction of the amounts due, excluding debts under installment plans that have not lapsed.
For taxpayers for whom the automatic cessation of the VAT number is provided, related to risk profiles of systematic non-compliance with tax obligations.
In the presence of debts registered exceeding certain thresholds or failure to submit tax returns, as already provided by current regulations.
For client companies for fees subject to contributions to the separate management referred to in article 2, paragraph 26, of law no. 335/1995.
In these cases, taxpayers cannot use offsets for the payment of tax or contribution debts, but must proceed with the direct payment of the amounts due.
What is the primary purpose of the changes introduced by the 2024 Budget Law?
The primary purpose of the changes introduced by the 2024 Budget Law in the matter of offsets through the F24 form is to combat the unlawful use of offsets and ensure greater control by the Revenue Agency.
In particular, the new provisions aim to:
Prevent and combat tax fraud linked to the improper use of offsets, through the ban on offsetting for taxpayers with registered debts exceeding 100,000 euros and the exclusion from the ability to use offsets for taxpayers at risk of automatic cessation of the VAT number.
Increase traceability and transparency of offset operations, through the obligation to use the Revenue Agency’s electronic services for all taxpayers, both VAT and non-VAT holders.
Improve coordination and information exchange among the involved entities (Revenue Agency, INPS, and INAIL), through joint provisions and coordinated timelines for the implementation of the new rules on credit offsetting.
Simplify and standardize offsetting procedures, reducing the possibilities of errors and discrepancies among the different channels of F24 form submission.
These changes are part of broader measures to combat tax evasion and improve tax compliance, in line with the goals of fairness and sustainability of the tax system.
Which public entities are involved in the new rules on credit offsets?
The new rules on credit offsets involve various public entities:
The Revenue Agency, which provides the mandatory electronic services for carrying out offsets through the F24 form and monitors compliance with the new provisions.
The INPS, concerning the offsetting of credits of any amount accrued as contributions towards the Institute, with specific timelines for different categories of taxpayers (non-agricultural employers, agricultural labor employers, self-employed individuals, and freelancers).
The INAIL, concerning the offsetting of credits of any amount for premiums and accessories accrued against the Institute, provided that the certain, liquid, and payable credit is recorded in the Institute's archives.
These entities collaborate to define the operational modalities and timelines for the implementation of the new provisions on credit offsetting, through joint and coordinated measures.
Are there differences in the offsetting methods between VAT and non-VAT holders?
The new rules on offsetting through the F24 form apply to both VAT and non-VAT holders, but with some differences in the form submission methods.
In particular:
For VAT holders, the use of the Revenue Agency’s electronic services becomes mandatory in all cases of offsetting, both for zero-balance and positive balance offsets. It will no longer be possible to use home banking services or authorized intermediaries.
For non-VAT holders, the obligation of electronic submission of the F24 form applies only in cases of offsets. For payments without offsets, they can still use the paper F24 form or home banking services.
The electronic submission of the F24 form can be done directly by the taxpayer or the withholding agent, through the "F24 web" or "F24 online" services, or via an authorized intermediary, both for VAT and non-VAT holders.
When do the new provisions on offsetting social security credits come into effect?
The new provisions on offsetting social security credits came into effect on January 1, 2024, but their effectiveness, even progressive, will be defined by a specific joint provision of the Revenue Agency, INPS, and INAIL.
In particular, the offsetting of credits of any amount accrued as contributions towards INPS can be performed:
By non-agricultural employers from the fifteenth day after the monthly deadline for the electronic submission of payroll data and the necessary information for calculating the contributions from which the credit arises, or from the fifteenth day after its late submission; from the date of notification of passive adjustment notes.
By employers paying unified agricultural labor contributions from the due date of the payment relating to the agricultural labor declaration from which the credit arises.
By self-employed individuals registered in the special management of artisans and tradespeople and by freelancers registered in the INPS separate management from the tenth day after the submission of the tax return from which the credit arises.
For INAIL credits, the offsetting of any amount of premiums and accessories accrued against the Institute can be carried out provided that the certain, liquid, and payable credit is recorded in the Institute's archives.
Therefore, we are waiting for further updates to define the start times of the planned tightening on offsets.
Which channels will be mandatory to use for offsets from July 1, 2024?
Starting from July 1, 2024, to carry out offsets through the F24 form, it will be mandatory to use exclusively the electronic services provided by the Revenue Agency.
This method becomes mandatory both for zero-balance offsets and those with a positive balance, and it applies to all taxpayers, both VAT and non-VAT holders.
The submission of the F24 form electronically can be done directly by the taxpayer or by the withholding agent, through the "F24 web" or "F24 online" services, or via an authorized intermediary.
The obligation is excluded if the credit displayed in the F24 form represents a mere alternative mode to the direct deduction of the credit from the tax debt paid in the same F24 form.
Summary of the Main Changes in Offsetting Through F24
🚫 Ban on offsetting for debts registered > 100,000 euros
🖥️ Mandatory use of Revenue Agency's electronic services
🏦 Extension of the obligation to INPS and INAIL credits
❌ Exclusion from offsetting for automatic VAT number cessation
📅 Effective from January 1, 2024, with progressive effectiveness
💻 Mandatory channels from July 1, 2024: Revenue Agency's electronic services