The effects of the changes introduced by Decrees no. 18 "Cura Italia" and no. 23 "Liquidity" and the specific sector regulations for companies participating in professional football championships

The devastating economic effects to which Italy - and the world in general - is exposed due to the COVID 19 pandemic have not spared even the richest and most socially visible sectors such as football.  In this context, the changes introduced by Decree no. 18 "Cura Italia" and Decree no. 23 "Liquidity", take into account also the football clubs participating in professional championships, changes that, necessarily, must also be seen with reference to the specific regulations of the sector.

Therefore, an effort has been made to summarize the main changes that have impacted the tax and contribution deadlines introduced by the above mentioned recent decrees in accordance with sector-specific regulations.

Art. 61, co.5 "Cura Italia" Decree and Official FIGC (Federazione Italiana Gioco Calcio – Italian Football Association) Notice no. 181 of 30.03.2020

Article 61 of the "Cura Italia" Legislative Decree has provided for a series of facilitations for the sports sector and - in particular - for professional sports clubs, the suspension of payments of withholding tax withheld from employees, social security and welfare contributions and premiums for compulsory insurance. This suspension is applicable for the deadlines from 2 March 2020 to 31 May 2020. These payments shall then be made, without the application of penalties and interest, "in a single instalment by 30 June 2020 or by instalments up to a maximum of 5 equal monthly instalments from June 2020".

The provisions of Article 61 of the DL "Salva Italia" was confirmed by the Italian Football Association which, with the Official Notice no. 181 of 30 March 2020, provided that the payment of these contributions for January and February 2020, initially scheduled for 16 March 2020 and then extended to 16 April 2020, can be made in one instalment, or in five instalments, on 30 June 2020.

The above was also confirmed by Official Italian Football Association Notice No. 181 of March 30, 2020, which provided that the payment of the January and February 2020 fees (originally scheduled for March 16, 2020 and then extended to April 16, 2020) may be made in a single installment or in five installments until June 30, 2020. From this point of view, the sector regulations extended this benefit also to the January 2020 contributions, which were due on 16.02.2020, and therefore excluded from the "Salva Italia" decree.

Art. 61. co. 3, 4 DL "Cura Italia"

As with the contributions, an extension has also been included for the March 2020 VAT payment, originally scheduled for 16 April 2020, now extended to 31 May 2020.

The decree does not currently provide for any extension for the payment of VAT for April 2020.

Art. 62, co. 6 DL "Cura Italia”

The decree also provided for the postponement of all other tax obligations between 8 March 2020 and 31 May 2020, other than the previous ones, to 30 June 2020.

Art. 68. co.1 DL "Cura Italia”

The decree also provided for a suspension of the deadlines for the payment of tax collection and executive, customs, tax injunctions by local and regional authorities. These terms, which originally expired from 8 March 2020 to 31 May 2020, have now been deferred to the month following the suspension period - i.e. 30 June 2020 - with payment to be made in a single instalment.

The amicable notices have not been taken into account in the decree and therefore remain enforceable according to the original deadlines.

Art. 18, co. 1 and co. 7 of the DL "Liquidity"

In addition to the benefits provided by the "Salva Italia" decree, the "Liquidity" decree also introduced the possibility of postponing the payment of VAT for the months of April and May 2020 to 30 June 2020 (payments originally scheduled for 18 May 2020 and 16 June 2020). However, this benefit is not unconditional but subordinate to companies "which have suffered a decrease in turnover or fees of at least 33% in March 2020 compared to the same month of the previous tax period and in April 2020 compared to the same month of the previous tax period".

Official Italian Football Association 186/A Notice of 14.04.2020

A further fulfilment, i.e. the filing of the semi-annual report at 31 December 2019, originally postponed to 30 April 2020, has been further extended to 31 May 2020.

 

Raffaele Salese – Partner RSM – European Restructuring Co-leader

Author(s)

Raffaele Salese
Partner - European Restructuring Co-leader

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