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TREMONTI BIS: NEW REGULATIONS FOR RE-INVESTED PROFITS DETAXATION

With the approval of the action called "the one hundred days manoeuvre" (Law 383 of October 18th 2001, first economical reordering measure approved by Berlusconi's Government) it came definitively into force also the new detaxation rules regarding re-invested profits. ("Tremonti bis", taking the name of the italian Minister of Economy who, already on 1994, had promoted a similar regulation) from which the new Government has great expectations as far as economy relaunching is concerned.
Destinataries of the aforesaid regulation are the enterprises as well as art or professional workers, even if recently performed or created, as long as their activity is confirmed at the date of effectiveness of the Law.
Practically, the facility is based on the exclusion of taxing charge of an amount equal to 50% of a whole volume invested in new tool-instrumental goods, performed during the lapse of time between July 1st, 2001 and December 31st 2002, in excess with respect to the average of investments done during the five tax-duty periods preceding the investing transaction, with the possibility of excluding from the mentioned average the year in which the investments have been the highest.
Object of these investments shall be the building up in italian territory of new plants, the completing execution of pending works, the enlargement, the re-starting and re-modernizing of already existing plants, as well as the acquisition of new tool-instrumental items, even through leasing contracts. As far as real estate investments are concerned these shall be included in the facility application field only if related to tool-instrumental natural items.
An important innovation with concern to the analogous 1994 measure is represented by the facility's extension regarding the expenses supported by personnel forming programmes.
Therefore, there will be detaxable any employee's participation expenses to outer forming programmes as well as those expenses inherent training-forming events organized inside the companies or in professional boards. From an applicative point of view, detaxation represents a variation in decrease of the tax-income declaration: in some cases, while considering especially relevant investments, that change could even provoke a fiscal loss. In that case, however, major investments shall not be lost: it will be possible, in fact, to have them being deducted from income profits of successive tax-duty periods.

-2- The facility should reflect, in that way, its own effect even after the expiring date fixed on December 31st 2002.
In general, it is an extremely worthy facilities project addressed to enterprises and that, even more, represents a valuable mean to stimulate a bigger presence of foreign investors in Italy who, nevertheless, in order to be able to take advantage of these facilities will necessarily have to acquire a company already live-working in Italy before the date of coming into force of the Law (October 18th 2001) instead of creating an own ex-novo controlled one, in the coming future.

e-mail: studiosantoro@santoro.it