Published in the Official Gazette the regulation laying down the methods and criteria for the granting of tax incentives for incremental advertising investments in newspapers, magazines and on local television and radio stations (Prime Ministerial Decree of 16 May 2018, No. 90).
Businesses or self-employed persons, regardless of the legal nature taken, the size of the company and the accounting system adopted, as well as non-commercial entities, can benefit from the tax credit related to investments in advertising campaigns in the daily and periodical press, also on-line. line, and on local, analogue or digital television and radio stations, made starting from 1 January 2018, whose value exceeds at least 1% the similar investments made on the same media in the previous year. The percentage increase refers to the total investments made, compared to the previous year, on the media referred to in the previous period.
The same subjects can benefit from the tax credit exclusively on incremental advertising investments in the daily and periodical press, also on-line, made from 24 June 2017 to 31 December 2017, provided that their value exceeds at least 1% the amount of similar investments made by the same entities on the same media in the corresponding period of 2016.
The tax credit is equal to 75 per cent of the incremental value of the investments made, taking into account the overall maximum limit of the budget resources annually appropriately allocated , which constitutes a cost ceiling.
The tax credit is raised to 90 percent in the case of micro-enterprises, small and medium-sized companies, and in the case of innovative start-ups. The granting of the surcharge is subject to the successful completion of the notification procedure to the European Commission, pending the ordinary measure of 75 percent.
To the recipients of the tax credit, the provisions for the categories of economic operators provided for therein apply for the purpose of granting the benefit.
The incremental investments allowed to tax credit are those related to the purchase of advertising space and commercial advertisements, made exclusively in daily and periodic newspapers, published in paper edition or published in digital format, ie within the programming of television broadcasters and local, analogue or digital radio stations. Advertising investments eligible for tax credit are carried out on local radio and television stations registered in the Register of communication operators, and in newspapers registered with the competent Court, or in the aforementioned register of communication operators and in any case provided with the figure of the responsible director.
For the sole purpose of allocating the tax credit, the expenses for the purchase of advertising are eligible net of ancillary costs, brokerage costs and any other expense other than the purchase of the advertising space, even if it is functional or connected to it. .
Limits and conditions of the concession allowable
The subsidy is granted to each subject in compliance with the limit of the budget resources allocated annually, which constitutes the ceiling of expense to be distributed. The tax credit can only be used for offsetting, pursuant to Article 17 of Legislative Decree 9 July 1997, n. 241, after the realization of the incremental investment to the extent indicated by the provision referred to in Article 5, paragraph 3, of this Regulation.
For the purpose of using the tax credit, the F24 model must be presented exclusively through the telematic services of the Revenue Agency, otherwise the model F24 is rejected. The same model F24 is also discarded if the amount of tax credit used in compensation is in excess of the amount due.
Access to the facilitation procedure
To access the tax credit, the interested parties, in the period from March 1 to March 31 of each year, present a specific electronic communication with the procedures defined by administrative provision of the Department for information and publishing of the Presidency of the Cabinet.
The communication is signed by the legal representative of the company, the non-commercial body or self-employed and contains:
a) the identification elements of the company, non-commercial body or self-employed worker, including the tax code;
b) the total cost of advertising investments made or to be made;
c) the percentage measure and the total amount of the advertising investment realized or to be realized with the comparison with the previous year with distinct evidence for each of the two funds referred to;
d) the amount of the required tax credit distinguished for each of the funds.
By April 30 of each year, the Department of Information and Publishing of the Presidency of the Council of Ministers forms a list of the subjects requesting the tax credit with an indication of any provisional percentage of allotment in the event of insufficient resources and the amount theoretically usable by each subject after the realization of the incremental investment. The amount of credit actually available after the assessment in relation to the investments made is arranged by the Department for the information and publishing of the Presidency of the Council of Ministers published on the institutional website of the Department itself.
The tax credit is indicated in the income tax return relating to the credit maturity tax periods following the investments made and in the tax returns relating to the subsequent tax periods up to that in which the use is concluded. Individuals with a tax period that does not coincide with the calendar year indicate the tax credit in the tax return for the tax period in progress at December 31 of the year of credit accrual related to the investments made in the calendar year .