how the new shield works – Corriere.it

Among the innovations in the budget law we also note the so-called calcium-saving rule: that is, the measure that allows all companies to of the sports sector which from 1 January to 22 October 2022 saw the taxes suspended to defer payments of withholding taxes, VAT and municipal and regional surcharges.

In practice, then, it does not only concern the world of football but all sports clubs, which will therefore be able to settle tax payments in 60 installments over 5 years with a 3% increase. The amendment to the maneuver was approved by the Budget Committee of the Chamber and consists of an expenditure of 889 million euros for the State. Of these, 500 million euros are attributable to Serie A football clubs. The lost revenue of 2022, therefore, will be recovered between 2023 and 2027, with an increase which according to estimates will be 26.67 million euros.

Save-football becomes save-sport

The first three installments (or alternatively the single payment) must be paid by 29 December 2022, while the subsequent ones must be paid monthly. Missing a deadline automatically makes you lose the benefit of the installment plan and face penalties. The measure had initially been presented as a bipartisan amendment to the Aiuti quater decree, but was subsequently eliminated with the accusation of being openly and too favorable to the clubs in the league of Serie A football that have not been transparent in reporting their financial statements in recent years conditioned by Covid. For the budget law, on the other hand, it is an amendment to article 51 bis which, after the objections of the Minister of Economy Giancarlo Giorgetti and the League, was understood erga omnes, which therefore expands the audience of recipients (hence also the change of name from save-football to save-sport). The government is discussing the possibility of extending the “debt saver” to all taxpaying companies. An idea started by Minister Giorgetti and also supported by the Minister of Sport, Andrea Abodi and finally presented by the deputy Ylenja Lucaselli last December 7 in the Budget Committee. But in the first draft signed by the Presidency of the Council, however, this change was not included.

Debt of Italian football

In essence, sports clubs that have been called to pay withholding taxes at source by 22 December, including regional and municipal surcharges, VAT and income taxes, once received the amicable emergency notice, they will be able to spread the payments in several installments, up to a maximum of 60. The first three will have to be paid in 2023, the rest will be spread over a maximum of five years. No penalty is envisaged if payments are made by 31 December 2022, while failure to meet deadlines will result in a 3% increase in the total amount. In this regard, according to some estimates, Italian football owes the Italian state a debt of 800 million euros between income tax withholdings, INPS contributions and VAT, of which at least 500-600 are borne by Serie A alone. Inter are in the lead with 50 million euros to pay you, followed by Lazio and Rome, then Juventus (at 30), Napoli (25 million) and Milan (10 million).

Suspension of criminal proceedings

To date, the law provides the possibility of paying by installments for all taxpayers up to five years, but to do so there is a 10% fine in case of non-payment of Irpef withholdings for 150 thousand euros and missed VAT payments for 250 thousand triggers the criminal relevance towards managers and companies. For this reason, the amendment would take the form of a penal shield for the world of football. To make the measure possible, the first step will be to suspend the criminal proceedings for the crimes of omitted payment of withholding taxes and VAT which emerged from the automated checks of the returns referring to the period January 1st – October 31st 2022, when the taxpayer requests and obtains the installment payment already foreseen for the payment of taxes in installments. Failure to pay two consecutive installments reactivates the prosecution. On this, however, it is necessary to await the opinion of the Minister of Justice.