Report unused energy tax credits from 2022 by 16 March 2023 – new payment codes for 2023 credits published

By Order No. 44905 of 16 February 2023 the Italian Revenue Agency published a dedicated reporting form by means of which tax credits granted to businesses for gas, electricity and agricultural fuel for the year 2022, which are not offset in form F24 by 16 March 2023, must be specifically reported to the Italian Revenue Agency. Failure to submit this report results in the loss of the credits not offset.

Almost at the same time, by an Order of 14 February 2023, the Agency has finally also published the payment codes for the offsetting of the tax credits for electricity, gas and fuel for the year 2023. Here are the details:

Reporting of 2022 tax credits:

We have already informed you in detail in the past, by way of various circulars, about the deadlines for offsetting the tax credits for electricity, gas and fuel relating to the year 2022. As communicated, these credits from the previous year must be specifically reported to the Italian Revenue Agency in so far as they are not offset by means of form F24 or assigned to third parties by 16 March 2023 at the latest. The credits concerned are the following:

6968: tax credit in favour of electricity-intensive businesses (“imprese einergivore”) for consumption in the 3rd quarter of 2022;

6969: tax credit in favour of gas-intensive businesses (“imprese gasivore”) for consumption in the 3rd quarter of 2022;

6970: tax credit in favour of non-electricity-intensive businesses (“imprese non energivore”) in the 3rd quarter of 2022;

6971: tax credit in favour of non-gas-intensive businesses (“imprese non gasivore”) in the 3rd quarter of 2022;

6983: tax credit in favour of electricity-intensive businesses (“imprese einergivore”) for consumption in the months of October – November 2022;

6984: tax credit in favour of gas-intensive businesses (“imprese gasivore”) for consumption in the months of October – November 2022;

6985: tax credit in favour of non-electricity-intensive businesses (“imprese non energivore”) for consumption in the months of October – November 2022;

6986: tax credit in favour of non-gas-intensive businesses (“imprese non gasivore”) for consumption in the months of October – November 2022;

6993: tax credit in favour of electricity-intensive businesses (“imprese einergivore”) for consumption in December 2022:

6994: tax credit in favour of gas-intensive businesses (“imprese gasivore”) for consumption in December 2022:

6995: tax credit in favour of non-electricity-intensive businesses (“imprese non energivore”) in December 2022:

6996: tax credit in favour of non-gas-intensive businesses (“imprese non gasivore”) in December 2022:

6987: tax credit for the purchase of fuel by agricultural and fishing businesses in the 4th quarter of 2022.

Not included in the list is the tax credit with code 6972 for the purchase of fuel by agricultural and fishing businesses in the 3rd quarter of 2022, but the Order expressly provides that further payment codes may still be added. Perhaps a correction will still follow here.

Note: anyone still holding outstanding credits from the year 2022 under the codes mentioned will therefore have to check which of them can still be offset against the payments due on 16 March 2023; the excess portion must without fail be reported by 16 March 2023 at the latest, since otherwise – as mentioned above – it is irretrievably lost.

We attach to this circular the reporting form, which must be transmitted electronically. In the form itself, the above-mentioned payment code, the expenses incurred and the percentage of the credit must be indicated in each case, and specifically the entire credit accrued must be indicated, i.e. including offsets already made. Conversely: if the entire credit has been used up by the time the report is transmitted, no report has to be sent! The logic behind this is not entirely easy to understand. No report is to be sent if the credit was assigned to third parties by 16.03.2023, whereby it should be recalled that an assignment was permissible only in respect of the entire credit. For each tax credit (payment code) only a single report may be transmitted.

We are of course happy to assist you in preparing and transmitting the report.

New payment codes:

As indicated at the outset, the new payment codes for the offsetting of the tax credits relating to the 1st quarter of 2023 have meanwhile also been published, namely as follows:

7010: tax credit in favour of electricity-intensive businesses (“imprese einergivore”) for consumption in the 1st quarter of 2023;

7011: tax credit in favour of non-electricity-intensive businesses (“imprese non energivore”) in the 1st quarter of 2023;

7012: tax credit in favour of gas-intensive businesses (“imprese gasivore”) for consumption in the 1st quarter of 2023;

7013: tax credit in favour of non-electricity-intensive businesses (“imprese non energivore”) in the 1st quarter of 2022;

7014: tax credit for the purchase of fuel by agricultural and fishing businesses in the 1st quarter of 2023.

Annex: reporting form with instructions