The last version of the decree of the Ministry of Economy with the economic development explain as the incentives will work. Fiscal facilitations concern investments in innovative startup as pointed out by the article 25 of the growth decree 2.0 (Dl 179/2012). They apply to physical people, to be worth on the Irpef and juridical people to be worth on the Ires. The facilitated investment can be effected indirectly for the medium of organisms of collective investment of the savings (Oicr) or other companies that invest in startup. In this last case, facilitations are up to in proportional measure to the investments effected in the innovative startups by these companies. Among the cases of exclusion of incentives, the investments effected by subjects to public participation or destined to enterprises in difficulty according to the classification European Union and to enterprises that working in the sectors of naval-coal-steel construction (building industry).
The entity of the facilitations
The passive subjects of the tax on the income of the physical people can take away from the gross tax an amount equal to the 19% of the effected remarkable conferments, up to 500.000 Euro, in every period of tax interested by the decree (2013-2014-2015 while for 2016 an advice to the Ue could be needed). The maximum saving of tax that can be insured to the conferring one will be therefore equal to 95.000 Euro pro year. The subject Ireses, can deduce as for from his own general income an amount equal to the 20% of the effected conferments, up to 1,8 million of Euro, in every period of tax. Then, considering the share 27,5% Ires, the maximum saving of tax it will be equal to 99.000 Euro. The possible excesses, both for the deduction and for the deduction,they can be brought in ahead in the following periods of tax, but not over the third one. The benefits are increased (to 25% in the case of physical people and to 27% for the societies) if it is invested in startup to "social vocation" or that they develop and merchandise exclusively products and innovative services in energetic circle.
The decree Economy-development establishes that facilitations are exclusively applied to the conferments in money affiliate to the voice of company and the surcharge reserve of the shares or quotas of the startup or the company that invests in innovative startup. Therefore, the benefit release both for operations in the center of constitution of the new society both in the center of capital increases in presence of startups already constituted. To every way, the facilitations are always allowed if the general amount of the conferments in money received by the startup in every period of tax facilitated doesn't overcome 2,5 million of Euro
The requisites for Oicr and Companies.
The Oicrs admitted to the benefits are those that at the end of the period of tax in progress to the 31 December of the year when the investment has been effected they hold shares or quotas of startup equal to at least the 70% of the aggregate value of the investments in financial tools in budget. The companies that invest in innovative startup, are part of the category those that have shares or quotas of innovative startup for at least the 70% of the value of the long-term investments enrolled in budget at the end of the period of tax considered.
Forfeiture of the right to the facilities.
The decree disciplines also the forfeiture from the facilitations. First of all, The investment must be maintained for at least two years. The transfer, also partial, to onerous title, of the shares before this time range determines the forfeiture from the benefits. As the reduction of capital as well as the division of reserves or other funds constituted with surcharges of issue of the shares or quotas of the startups or the companies that invest in prevailing way.