New Italian tax deadline: extension of term for filing income tax returns

published on 10 May 2024 | reading time approx. 3 minutes

For the FY2023, the deadline to submit the SC and IRAP forms has been postponed by fifteen days.

The Circular No. 8 of 11 April 2024 of Italian Tax Authority reviewed the last provisions on tax returns considering the Legislative Decree No. 1 of 8 January 2024 (the so-called “Adempimenti” Decree) and art. 38 of Legislative Decree No. 13 of 12 February 2024.

Paragraph 1 of Article 11 of the “Adempimenti” Decree, by amending Article 2 of Presidential Decree No. 322/98, provided for an anticipation, on the ordinary basis and with effect from 2 May 2024, of the deadline for the submission to Italian Tax Authority of the SC and IRAP forms. In particular, the deadline for submitting these forms has been brought forward to the end of the ninth month following the end of the tax period.

However, Article 38 of the above-mentioned Legislative Decree 13/2024 modified the aforementioned deadline with reference to the FY2023. For that tax period, in fact, the deadline for the telematic submission of the SC and IRAP 2024 forms has been postponed:

from 30 September 2024 to 15 October 2024 for solar taxpayers;
from the end of the ninth month following the end of the tax period to the fifteenth day of the tenth month following the end of the tax period, for non-solar taxpayers.

Since no distinction is set forth in the above-mentioned Circular, it must be deemed confirmed that the provisions of Article 38 of Legislative Decree 13/2024 apply to all taxpayers regardless of the application of ISAs or entering into the arrangement with creditors.

On the other hand, the transitional rules set forth in Article 11 paragraph 2 of Legislative Decree No. 1/2024 remain applicable. Accordingly, entities with a tax period not in line with the calendar year continue to apply the previous deadlines for filing tax returns (i.e., the last day of the eleventh month following the end of the tax period) for the tax period prior to the one in progress on 31 December that expires after 2 May 2024. For example, a company with a tax period from 1 July 2022 to 30 June 2023 must file its SC 2023 and IRAP 2023 forms by 31 May 2024.

The former deadlines for filing tax returns remain applicable even if the deadline for filing returns expires before 2 May 2024. Thus, a company with a tax period from 1 June 2022 to 31 May 2023 must file Form SC and IRAP 2023 by 30 April 2024.