Venerdì 20 Gennaio 2017 - Aggiornato alle 14:31
Cooperative compliance: candy giant Ferrero Spa paves the way for adhering to the new collaborative fiscal program launched by the Italian Revenue Agency
Last week, the world leading chocolate and confectionery producer, Ferrero Spa, has become the first company to enter the recently established “cooperative compliance” program. The final purpose of the Agency, which coordinates and oversees the project, is to provide certainty in complex tax operations in order to attract investments and reduce the tax risk to a minimum. Such goal is achieved through a collaborative new-styled approach between tax Administrations, Italy’s Revenue Agency in this case, and big businesses. During its first pilot-phase, the Italian cooperative compliance scheme will target only resident, or non-resident, companies whose total turnover exceeds a 10 billion euros size or those with total turnover equal to at least 1 billion which have applied for the pilot project launched by the Agency in 2013.
It’s important to point out, as thanks to the implementation of this innovative compliance-agreement scheme, the Italian tax system has made a clear step forward aligning itself with the prevalent international standards already adopted by several advanced and industrialized counterpart economies. Therefore, its adoption imply a concrete advancement on the road to improve the country appeal to attract international investments. Background
Background of cooperative compliance Italian model - On 25 June 2013, the Italian Revenue Agency announced the launch of a pilot project for a cooperative compliance program aimed at implementing a transparent and truthful relationship framework between tax authorities and Large Business Taxpayers (LBT).
LBT are generally identified as taxpayers with a turnover or operating revenues not less than €100 million. However the pilot project was soon opened to selected LBT meeting additional requirements as outlined below.
A fiscal evolution or from the cooperative compliance framework to practice – In practice, the Italian Cooperative Compliance Program (CCP) is deemed and thought to make the pre-existing Monitoring Activity Program for LBT1, already at work, compliant with the guidelines issued by the OECD in the Cooperative Compliance: in brief, a Framework – from Enhanced Relationships to Cooperative Compliance report.
Italy’s Revenue Agency and OECD team – Said this, the Italian CCP follows the Cooperative Compliance report issued by the OECD on the basis of the international business community experiences on similar programs. Therefore, the Italian cooperative compliance program highlights the importance of transparency and disclosure from both, tax administration and large business taxpayers, in order to reduce uncertainties over companies' tax positions.
A five pillars new collaborative compliance scheme – Particularly, the cooperative compliance detailed by OECD is based on the following general five key pillars:
Commercial awareness – Ensure a good understanding by tax administrations of the commercial drivers behind the transactions and activities undertaken by large corporate taxpayers to avoid uncertainties and costly disputes;
Impartiality – Ensure a high level consistency and objectivity approach by tax administrations in resolving tax issues;
Proportionality – Ensure an efficient allocation of resources to define priorities within the taxpayer selection process through an appropriate level of risks management;
Openness and responsiveness – Ensure “real time” communication (discussions, binding rulings, etc.) to create early certainty on tax issues;
Disclosure and transparency by taxpayers – Ensure that taxpayers comply with the spirit of law and regulations in interpreting rules.
The Italian cooperative compliance way, when quickness is collateral to reciprocal transparency - The Italian CCP should imply a commitment by LBT to a transparency behavior in exchange for openness and responsiveness by the Revenue Agency in solving significant issues in a timely and effective manner.
As reported by the Italian Revenue Agency, the underlying purpose of this new model of relationships is to implement an ex-ante rather than the traditional ex-post approach to tax controls, with related benefits in terms of taxpayers' compliance and of providing certainty and predictability in advance.
Following this approach, the CCP should enable taxpayers to reduce the compliance burden, obtain several advantages and benefit as much as possible from advance legal certainty on specific transactions.
Italy’s Revenue Agency 2016 online services new-peak: last year data marked another record-breaking acceleration in their use by millions of taxpayers
More dialogue and a Revenue Agency ever more service-oriented. That’s, in pills, the 2016 data set left in heredity. The Online registration service of renting acts surpassed the traditional models and procedures by an astonishing + 60%, whilst pre-compiled tax statements saw a + 43% increase. In the same period almost 1 million taxpayers choose to book a vis-à-vis appointment with a tax agent expert through the dedicated online section on the Agency's official website – www.agenziaentrate.gov.it. Particularly, this service has attracted more than 3 million taxpayers over a 3 years period, starting from to 2014.
Revenue Agency’s Face-To-Face Help service By Appointment on the spot - The latest data, in fact, confirm a usage growing trend, so that the use of the new online procedure has seen a steady increase along the years. The online also largely prevails for booking face-to-face appointments. Despite the ease of the "do it yourself", to meet the traditional request for assistance with direct contact at the regional offices, the Agency has enhanced and promoted the online channel for appointments, CUP, which among other things allows you to distribute more timely, and in a more useful manner, the request for assistance from the offices during the day, reducing to a minimal the waiting time. In fact more than 90% taxpayers who booked the face to face appointment, usually online, are served within 10 minutes They are served within 10 minutes, compared with the original timetable set and chosen by the taxpayer himself.
During the last three years period, 2014.2016, the use of the appointment online booking service, has been tested by more than 3 million taxpayers who received a qualified and personalized fiscal advice and clarifications directly by a tax agent, with no intermediate process or procedures. to the acceleration of online.
Online registered contracts marked yet another record - Among the most popular services, the online registration of private acts, including, for example, rents, were nearly half a million. Particularly, the 2016 use of Fisconline channel stands at over 60%.
The pre-compiled tax return flexes its muscles – The pre-compiled fiscal statements option has been privileged, and used, by about 2 million taxpayers in 2016. They were 1.4 million in 2015, a net increase of 43%, year over year.
Civis doesn’t stop enlarging its audience - The race in the use of Civis, saw closest the threshold of 1 million taxpayers served during last year fiscal season. Therefore, the run-up of online tax services has also affected Civis. In details, the use of this online dedicated service channel, was in fact further consolidated also offering new services. In practice, in 2016 over 900 thousand taxpayers requested and received assistance on payment forms, communications and F24 procedures. Only for the adjustments of the model F24, the percentage of use of Civis channel exceeds 90% of the total requests for correction.