The tax credit for training 4.0 is coming soon
The tax incentive is in the provision of the 2019 Budget Law, says Studio TCL. The advantageous opportunity to assign company shares through the adoption of incentive plans
The tax credit for training 4.0 is postponed to 2019: this is the provision of the 2019 Budget Law.
While waiting for the text to be finally approved, hereinafter are reported the main characteristics of this tax incentive.
The activities that promote the personnel training in the technological field are eligible for tax credits, in order to implement the "National Industry 4.0 Plan".
In particular these training activities concern the following technologies: big data and data analysis; cloud and fog computing; cyber security; simulation and cyber-physical systems; rapid prototyping; visualization systems, virtual reality (VR) and augmented reality (AR); advanced and collaborative robotics; human machine interface; additive manufacturing (or three-dimensional printing); internet of things and machines; digital integration of business processes.
This includes all companies located in the State territory, regardless of the corporate purpose, the legal form, the size and accounting system adopted, provided that the performance of these activities is expressly regulated in the company collective agreements or territorial agreements deposited at the Territorial Labor Inspectorate.
Each employee has to prove the course attendance related to the formative training activities.
As regards the tax credit amount for the expenses incurred in 2018 is set at a single rate equal to 40% of the eligible expenses incurred during the taxable income period and with the maximum limit of 300,000 euro for each beneficiary.
Starting from 2019, without involving the upper ceiling of 300,000 euro, there is a variation in the tax credit that, depending on the size of the companies, will be granted in an amount equal to:
- 50% of eligible expenses à for small enterprises
- 40% of eligible expenses à for medium-sized enterprises
- 30% of eligible expenses à for large companies, for which the maximum annual eligible amount is 200,000 euros.
There is a small clarification with reference to the training activities organized and carried out in "e-learning" mode, through online courses and lessons. These activities are included among the eligible ones, provided that particular conditions regarding the interactivity of the course are respected. Furthermore, a proof of the actual and continuous participation of employees, in the aforementioned training activities, must be provided.
The tax credit for training 4.0 represents a further step forward for the process of technological and digital transformation of the companies within the framework of the "National Industry 4.0 Plan".
Fabrizio Moscatelli, Chiara Vurruso
PKF - Studio TCL Tax Consulting Legal
Genoa – Milan
The advantageous opportunity to assign company shares through the adoption of incentive plans
The SMEs in the form of Italian LLC are eligible, since 2017, to purchase the own shares with subsequent assignment to managers and / or employees: this measure brings important advantages in terms of tax and social security contributions if the company adopts an incentive plan
The Decree Law n. 179/2012 allowed innovative startups to assign shares, stocks, and participative financial instruments, through the implementation of incentive plans on remuneration in equity, for both employees, collaborators and members of the board of directors, workers and also who provides professional services. This incentive has important consequences for both the shareholdings beneficiary and for the innovative startup, the first obtains the shareholding without being subjected to any form of social security contribution or taxes; instead startup can improve its financials by preventing the outflow of monetary resources. The equity incentive plans have to specify the performance targets the beneficiary has to achieve within a specific time span, promoting the human resources continuity and allowing to attract, retain, and motivate corporate personnel and managers.
On 10th March 2015, the Ministry of Economic Development published an exemplifying model on its website to support management during the adoption of equity incentive plans, in particular it provides examples on the approval plan process and of the related legal clauses.
The most relevant change has arrived with the Law Decree n. 50/2017: this last law provision has introduced the possibility for all SMEs incorporated as LLC to purchase and subsequently assign, in accordance with the aforementioned plans, own shares.
This new law amended the express prohibition, provided by article 2474 of the civil code, for the Italian LLC to carry out transactions on its shareholdings.
This tool represents a strategic way for entering into a LLC for who are already employees, managers or executives of the company because it brings considerable advantages for both companies and human resources.
Stefano Quaglia, Matteo Macciò
PKF - Studio TCL Tax Consulting Legal
Genoa – Milan