The new tax credit for investments in design and a

07 april 2020

The new tax credit for investments in design and aesthetic ideation

The reform of the R&D tax credit regulation extends the facilitation to the design and aesthetic ideation activities carried out in the so-called Made in Italy sectors.

The rule, in the case of investments , in the period following the one in progress at 31.12.2019, in design activity and design aesthetics , provides a tax credit equal to 6% of the basis for calculation, the maximum limit € 1.5 million in eligible expenses, calculated per year in the event of a tax period of less than or greater than twelve months:

facilitation

Tax credit

Maximum eligible spending limit

Annual fees

Tax credit design and aesthetic design

6%

1.5 million of Euros

3

The design and aesthetic ideation activities include those carried out for the conception and realization of new products and samples from companies in the following sectors:

? textiles and fashion;      

? footwear;      

? eyewear;      

? goldsmith;      

? furniture and furnishings      

The criteria for the correct application of the facility are referred to a ministerial decree which is expected to be issued .

As regards the determination of the basis for calculating the tax credit, to be assumed net of other grants or contributions for any reason received on the same eligible investments , the expenses must comply with three general principles:

? effectiveness;      

? relevance;      

? congruity.      

For the design and creative ideation, categories of eligible expenses are foreseen, with increases for particularly qualified expenses in constant tax credit rate and with unprecedented ceilings for expenses other than personnel and extra-muros contracts (i.e. with companies external) .

The five categories of investments eligible for the tax credit R & D, IT and other innovative activities, for the ' design and aesthetic design activities defined in Article 1, paragraph 202 of Law 160/2019, are the segu entities :

Types of eligible investments

Spending competition at the basis of calculation

Spending limit for each type

Rate tax credit 6% (2020)

Overall limit 1.5 million Euros

a) Staff costs :

- employed workers

- self-employed

- collaborators

of which expenses for young newly hired employees

100%

 

150%

According effe t tivo use (if possible calculated based on Time Sheet <statement hours worked>)

6%

 

b) Expenses for movable tangible assets

100%

30% of expenses a)

 

 

c) Expenses for extra-muros contracts

100%

Second actual use (essential that is proven)

 

 

d) Consulting services and equivalents

100%

20% of expenses a)

 

 

e) Materials, supplies, other similar products

100%

30% let a) or 30% let c)

 

 

The first category of eligible investments includes the intra-muros costs of the personnel, regardless of the contractual form, directly employed in the design and aesthetic ideation activities carried out internally within the company, within the limits of the actual employment .

There will also be an increased contribution to the formation of the basis for calculating the tax credit at 150% for staff expenses relating to subjects that simultaneously meet the following requirements:

? age not exceeding 35 years ; on first use ;                  

? holding a degree in design or other comparable degrees ;                  

? hired with a permanent employment contract ; used exclusively in design and aesthetic innovation works ;                  

? employed in laboratories and other research facilities located in the territory of the Italian state.                  

The second category of eligible investments includes intra-muros expenses for movable tangible assets used in design and aesthetic ideation projects, including the design and production of samples .

The di erent cost items , within the limits of the deductible amount and the share attributable to the actual use in design and aesthetic ideation activities, are specifically:

  • the depreciation rates;
  • finance lease payments; simple rental fees;
  • other expenses relating to movable tangible assets.

The expenses of letter b) are subject to an overall maximum limit equal to 30% of the personnel expenses of letter a).

The third category of eligible investments includes extra-muros expenses for contracts concluded with professionals or professional firms or other companies; intercompany contracts, defined d to ll ' Article 2359. civ. including entities other than joint stock companies, they qualify as intra-muros activities .

The commissioner of the activity, independent or belonging to the same group, must be fiscally resident or located in Italy or in other Member States of the European Union or in States party to the agreement on the European Economic Area (EEA) or in States of which to the Ministerial Decree of 04.09.1996 with which the exchange of information pursuant to the conventions can be implemented to avoid double taxation of income.

The fourth category of eligible investments includes extra-muros expenses intended for consultancy services and equivalent services related to eligible design and aesthetic design activities , with the twofold requirement that the services are used exclusively for the performance of other eligible innovative activities and that the service providers are fiscally resident or located in Italy or in other Member States of the European Union or in States that are members of the EEA or in States included in the list referred to in Ministerial Decree 04.09.1996 . In this case, a total expenditure limit of 20% of the personnel expenses referred to in letter a) is envisaged .

Finally, the fifth and final class to the eligible investments ia includes the cost of materials, f orniture and other similar products used in project design and aesthetic design eligible. The total expenditure limit is:

to 30% in personnel costs referred to in subparagraph a); ie to 30% of costs for contracts referred to in subparagraph c).

We recall that the ministerial decree for the correct application of this facility is in issue.

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