Novelties introduced by the new decree on the assignment of credit which lightened the measures imposed by the “Sostegni-ter”

New decreto Antifrodi, law decree 13/2022 published in the Official Journal on 25 February, eases the measures imposed by the “Sostegni-ter” on the regulation of the transfer of credits linked to building works, allowing up to a maximum of three transfers, provided they are carried out in a ‘controlled environment’, between certain ‘supervised’ parties.

In order to prevent the spread of phenomena such as ‘chain’ transfers involving companies with the same registered office and/or the same legal representatives, set up within a short period of time or which have resumed operations after a period of inactivity or with a different Ateco code, whose partners or directors are not in possession of any assets, are untraceable and/or have criminal records, the “Sostegni-ter” had decreed the absolute prohibition of multiple (or chain) assignments of credits, allowing only one. In practice, with its enactment, for all the interventions listed in ‘Article 121 of Dl n. 34/2020 (recovery of the building heritage, energy efficiency, earthquake-proof measures, recovery or restoration of the facade of existing buildings, installation of photovoltaic systems, installation of columns for recharging electric vehicles), the possible options had become: either a discount on the invoice by the supplier, who recovered the amount in the form of tax credit transferable to other parties, but without the possibility of subsequent transfer of hands, or the direct transfer of the credit to other parties, but always without the possibility for them to transfer in turn the credit.

These restrictive provisions, however, have led to an impasse, effectively blocking the whole system of building activities, since some of the main intermediaries have stopped the procedures for acquiring tax credits. Hence the need to find solutions that would, on the one hand, allow the market to restart and, on the other, provide adequate preventive tools to avoid fraud as much as possible.

The new decree now allows up to three transfers, but only between “supervised” entities, i.e. towards banks, other financial intermediaries and companies belonging to a banking group registered in the respective registers kept by the Bank of Italy (Article 106 and Article 64, Legislative Decree No. 385/1993) or insurance companies authorised to operate in Italy.