At the departmental inspectorates of direct financial stewardships To district offices of direct taxation direct taxation service centers of Rome-Milan-Bari-Pescara-Venice-Bologna-Genoa-Palermo-Torino-Salerno At provincial Treasury provincial State business under the command General of The Guardia di finanza and, for information: the Presidency of the Council of Ministers
Ministries to the State accounting At central ministries, national social security Institute Business General Manager of General Affairs and personnel-inspection service the central tax inspectors PREMISE November 14, 1992, law n. 438, published in the ordinary supplement to Gazzetta Ufficiale-serie generale-# 272 of November 18, 1992, converted, with amendments, Decree-Law September 19, 1992, n. 384 laying down urgent measures concerning health and social welfare, civil service and tax provisions. As regards, in particular, the tax provisions the provision in question has redrawn the scale of tax rates and the income brackets of individuals with effect from the year 1992; determined the extent tax deductions attributable to the year 1993 and the income limits within which family members may be considered tax dependents; established new rules for the recovery of fiscal drag from the year 1993; has set new rules for the treatment to be accorded to certain charges under art. 10 income tax consolidation Act, approved by Decree of the President of the Republic December 22, 1986, no 917, with Valencia since 1992; set the method for determining the advance personal income tax payable in November 1992. In this circular are then provided the necessary clarification regarding these provisions with reference to end-of-year adjustment to the incomes of employees and the certification of withholding agent.
PART I NEW RATES FOR INCOME TAX PURPOSES INCOME BRACKETS OF NATURAL PERSONS-NEW METHOD OF RECOVERING THE TAX DEDUCTIONS AND INCOME LIMITS FISCAL DRAG. 1.1. Tax rates and income brackets for the year 1992. By Decree of the President of the Council of Ministers September 30, 1991, published in the official journal-General series-# 230 of October 1, 1991, in implementation of the provisions under art. 3 of Decree-Law No March 2, 1989. 69, converted, with amendments, by law no April 27, 1989. 154, were determined the income brackets for the purposes of PERSONAL INCOME TAX to be applied from January 1, 1992. The art. 3, paragraph 6, of law December 31, 1991, # 415 (finance law) he then high, 1992, 1993 and 1994 years the rates of 26, 33, 40, 45 and 50 per cent respectively at 27, 34, 41, 46 and 51 percent. With art. 9, paragraph 3, of the provision in question was made permanent the increase of rates prepared by law no 415 of 1991 and, at the same time, the income brackets were renovated after the second. Starting from January 1, 1992 the rates for income brackets as per paragraph 1 of art. 11 of this consolidating Act, for the purposes of the income tax of individuals are as follows: Income tax rates a) until l. 7,200,000 ... ... b 10 percent) over l. 7,200,000 until lire 14,400,000 ... ... . 22 percent c) over l. 14,400,000 up to 30,000,000 lire ... ... . 27 percent d) over L. .. up to 30,000,000 ITL 60,000,000. ... . 34 percent and up to 150,000,000 pounds) more than 60,000,000 l. ... ... . 41 percent f) over l. 150,000,000 up to 300,000,000 ... lire ... . 46 percent g) over 300,000,000 l. .. 51 percent tax rate curve and restructuring of bands-made, regarding the rates, as indicated and, as regards the interval start, leaving unchanged the first two and restoring others in existing values in 1989--has implemented a redistribution of the tax burden between taxpayers. For the application of the new scale of rates at the same wage restraint in place criteria outlined in circular 1/RT of December 15, 1973, Chief among them one concerning the information of the annual increments of income per pay period. In order to implement the purposes of said information to annual income brackets in which from January 1, 1992 the new curve, have been prepared tables A and B that are listed in the annex to this circular. (Table A-retention fees for income brackets; Table B-condensed Rates for quick calculation of tax). 1.2. New ways ' of recovery of fiscal drag. As it is known, art. 3, paragraph 1, of Decree-Law No 69 March 2, 1989, converted, with amendments, by law April 27, 1989, n. 154, had determined that "with effect from January 1, 1990, when the percentage change in the average consumer price index for families of workers and employees for the period of twelve months ending on 31 August of each year exceeds the 2 per cent from the average value of that index measured with reference to the same period the previous year, to counteract the effects of the additional tax burden not fully responsive to real income gains. For the purposes of the refund in full of the fiscal drag you will through the adjustment of tax brackets, deductions and income limits laid down in articles 11, 12 and 13 of the consolidated income tax, approved by Decree of the President of the Republic December 22, 1986, no 917 ". The art. 9, paragraph 1, of the legislative text in question has now limited interventions for the recovery of fiscal drag, foreseen by art. 3 of Decree-Law No 69/1989, the only adaptation to inflation rate established tax deductions and income limits. In the first application of these new standards, with the paragraph 2 of the same article. 9 of Decree-Law No. 384, provided the legislator to establish, for the year 1993, the amount of deductions and limits of income referred to in those articles 12 and 13 of the consolidated text, in relation to the variation in consumer prices index for families of workers and employees established by the National Institute of statistics. The provision contained in paragraph 1 of art. 9 under review lascia, however, the competence of the President of the Council of Ministers to provide, by Decree, to changes of tax deductions amounts and income limits for the following years. 1.3. Tax Deductions and income limits laid down in articles 12 and l3 of the consolidated income tax for the year 1993. As it has already had occasion to point out in paragraph 1.2., for the year 1993 it was already fixed the amount tax deductions and income limits. Therefore, as from January 1, 1993 tax deductions and the income limits are as follows: a) deduction for a spouse not legally and actually separated l. 757,500;
b) deduction for children under age or permanently unable to work and for those of age not more than twenty-six years dedicated to studies or to offer free training for a son ... ... ... ... ... ... ... ... ... ... ... L. 87500 for two children ... ... ... ... ... ... ... ... ... ... ... ... "175,000 for three children ... ... ... ... ... ... ... ... ... ... ... "262,500 for four children................................ "350,000 for five children ... ... ... ... ... ... ... ... ... ... ... "437,500 for six children.................................... "525,000 for seven children.................................. "612,500 to eight children ... ... ... ... ... ... ... ... ... ... ... ... "700,000 for each additional child............................ "87500 in cases referred to in paragraph 3 of art. 12 of the consolidated income tax, the deduction granted to the spouse applies for the first child and the deductible amount in relation to the number of children is doubled and the amount of it is reduced, by l. 175,000;
c) deduction for other dependants: l. 121,000;
d) income limit as per paragraph 4 of art. 12 of the consolidated income tax: l. 5,100,000;
and employment income deduction) referred to in paragraph 1 of art. 13 income tax consolidation Act: l. 727,000;
f) income limit of employment referred to in paragraph 2 of art. 13 income tax consolidation Act: l. 13,900,000;
g) income limit of self-employment and of undertakings referred to in paragraph 4 of art. 13 income tax consolidation Act: l. 7,600,000;
h) further deduction for employment income: l. 227,000 if income of employees does not exceed 13,900,000 l.;
s) additional deduction for income from self-employment and Enterprise: l. 189,000 if the total income of self-employment and shall not exceed l. 7,600,000. The new measures of deductions are analytically expressed in the attached tables from L to R; the table also shows on the indication of the new income limits within which it is necessary to apply the corrective amounts of additional deduction for employment income. 1.4. Deduction for donations and prizes under letters b and c) of paragraph 2 of article). 48 income tax consolidation Act. Other novelties brought by the provision in question is the one contained in art. 10, where it was determined that for certain charges indicated in art. 10 income tax consolidation act is recognized a tax deduction instead of already planned deduction of those costs from the total income. It is, in fact, recognized for cennati charges a tax deduction to the extent of 27 percent of the burden themselves reduced to 22 percent and 10 percent in so far as the amount of those expenses exceeds the difference between the total income, net of charges other than those considered, and the upper bound, respectively the second and first echelon of income. The same deduction also competes for charges under letters b) and c) of art. 48 of the above-mentioned consolidated (for medical expenses fully deductible and for life insurance and accident insurance). Consequently, unlike what happened before according to the wording of paragraph 2 of article. 48 of the consolidated text, now these charges will never be deducted from employment income but they will take into account determination of tax due, with the allocation of the corresponding deduction.
PART II 2.1. Methods for the application by the withholding agents, tax rates for the year 1992, regarding new income brackets, the deduction for costs incurred-Balance at the end of the year. For the year 1992, the innovations brought by the Decree-Law September 19, 1992, # 384, converted, with amendments, by law November 14, 1992, n. 438, concerning the extent of the income brackets for the purposes of PERSONAL INCOME TAX, according to effectiveness in the withholding tax on income from employment with effect from January 1, according to substantial discipline shown in the first part of this circular. Since the provisions came into force in the year 1992, with various pay periods completely sold out (and adjusted from previous legislation), taking into account what has been established by the legislature in paragraph 5 of art. 9 of this measure with the provision that the first application of new bands takes place "from the second pay period following the one in progress at the date of entry into force" of the decree and that "in the end of year 1992 adjustment, or if earlier, the date of termination of the employment relationship" they proceed to "recover tax for the period from January 1, 1992 until predicted pay period" by withholding agents He had to proceed to the first application of new bands from postoperative November or during the month of September for employees with pay period daily, weekly or fortnightly. The withholding agents had, of course, proceed with the immediate application of new bands in cases of termination of employment relationships, have intervened since September 19, 1992 and before those ordinary terms, both as regards the fees for both ordinary taxation of severance pay. With regard, however, to the greater recovery withholding relating to pay periods, with effect from January 1, 1992, during which they were not yet applicable new income brackets, withholding agents, for reports not yet ceased, will provide to its obligations during the year end adjustment operations. The amounts to be repaid in case of insufficiency compared to the fees to be paid in the pay period in which it is carried out the balance, will affect the differential part, the pay period immediately following. Recalculation of withholding taxes due and the subsequent recovery will simultaneously take place also for emoluments arrears and for severance benefits (or payments on account and advances thereof) paid before application of the new provisions. As for the recalculation of withholding resulting from the new bands and related tax recoveries may occur the following special cases: employees whose employment relationship is terminated before September 19, 1992 and for which this date has already provided for the liquidation of the ordinary remuneration and benefits for the termination of employment relationship. In such cases, since the employer is unable to operate any recovery resulting from the recalculation of rela-tive to the fees paid, the more taxes due will be determined on the basis of tax returns that these employees need to have. To this end, employers, for the purpose of certification of emoluments paid, will take care to spell out in the records of the certificate mod. 101 that the levy at source is not limited to the tax due and that, therefore, must be lodged by the party concerned the tax return; employees whose employment relationship is terminated before that date of September 19, 1992 and for which it is provided, after that date the liquidation or winding-up skill again. In such cases the employer will provide the necessary recoveries with regard to fees to be taxed in the ordinary way or be subject to separate taxation whether employee arrears for previous years or treatments for termination of employment. Annotations on the certificate mod. 101, specified above, shall be made only in cases where it is not possible to proceed to full recovery of withholding taxes payable; employees with fixed-term employment contract which lend their work for one part of the year (seasonal workers). The new income brackets also operate for the purpose of calculating withholding taxes for emoluments of seasonal workers from pay period to November. Recalculation and consequent recovery of the increased tax on previous pay periods for these workers will only take place upon cessation of employment or in December if the relationship will stop in the next period. No tax recalculation will be performed for seasonal labour relations ceased before the September 19, 1992 for which the settlement of fees was made by the same date. 2.2. Deduction instead of the deduction for charges under letters b) and c) of art. 48 income tax consolidation Act. The art. 10 of the provision in question has made substantial changes to the discipline of the deduction of certain costs incurred by the taxpayer, recognizing a tax deduction instead of the deduction from income already foreseen by art. 10 income tax consolidation Act. This deduction is recognized under percentage of costs incurred (27%, 22% and 10%) in relation to income owned entity. In paragraph 4 of the same article. 10 of the measure was also extended the application of the new arrangements also to cases provided for by art. 48, b) and c) of the said consolidated. In particular, have been brought back under the new deduction type health expenses considered entirely deductible by the letter e) of that article. 10 of the consolidated text of income taxes and premiums for life insurance and accident insurance under letter m) of the same article. 10, which are treated by the employer and that, according to art. 48, not co-operated in the formation of employment income. Basically, in the former regime were already in advance withholding tax total deduction from income effects of such charges. With the new provision burdens of species contribute to the formation of employment income on which the withholding agent shall calculate deductions to be made, but they coming from the same substitute recognized, without which the employee must expressly request it, the corresponding tax deduction which, consequently, will reduce the total amount of tax withheld. Regarding the awards referred to in point c) of that article. 48, for which the deduction is made the responsibility of the employee, the substitute, while not having to contribute this amount to the generation of income, you still recognize the above tax deduction. The new rules apply to the cases referred to the above b) and c) of art. 48 cannot however result in the creation of one of the cases referred to the last period of the letter e) art. 10 of the consolidated income tax and, therefore, the charges in question cannot be taken into account for the purposes of attribution of back tax deduction in the tax return. The liability to taxation of the burden at issue must take place in the pay period in which the corresponding disbursements are made by the employer; its must be eased, though with the simultaneous recognition of tax deduction commensurate with the 27 percent of these disbursements. This percentage must be reduced as though he told 22 percent or 10 percent in so far as the amount of payments exceeds the difference between the total income, net of expenses, and the upper bound, respectively, the second and first echelon of income. In practice, the withholding agent must refer to the total of all the amounts relevant for the purpose of withholding tax levied by the employee in the pay period and then at tax rates to which these sums are subject. There is no doubt that in the end-of-year balance the employer must assess the appropriateness of deduction granted and proceed to any further charges. 2.3. Adjustment of the end of the year for the year 1992. In the year 1992 intervened the legislative changes for which you already said that also affect the terms of transactions of end-of-year adjustment to the incomes of employees. For the transactions of 1992 year end adjustment the withholding agents should follow the same general rules applicable to end-of-year adjustments of the years had passed. Recall, then, in addition to the instructions given with the circular needle 1/R.T. of December 15, 1973 and # 13/R.T. of November 20, 1974 to the general discipline of the balance at the end of the year, also May 24, 1977 # 65 of circulars and # 106 of December 14, 1977 for the discipline of withholding tax on income from paid employment since January 1, 1977 the circular # 151 of December 14, 1978 for the final adjustment of the said year, circular No 13 of May 2, 1980, concerning instructions for the allocation of the new measures of deductions and the further deduction of l. 52000 introduced, with effect from January 1, 1980, in favour of the holders of employment income and assimilated, and the circular needle. 37 of November 19, 1981 and # 41 of December 12, 1981, concerning payment of year-end 1981, circular No 56 of December 23, 1982 concerning 1982 year end adjustment circulars May 3, 1983 # 21 of the 29 July 4, 1983 and no variations during the year in the table of rates, income tax and tax deductions the circular # 57 of December 23, 1983 concerning the adjustment of the end of the year 1983, the circular # 45 of December 29, 1984 concerning the adjustment of the end of the year 1984, circular No. 40 of December 28, 1985 concerning the adjustment of the end of the year 1985, circular No 40 of December 9, 1986 for both the part relating to the adjustment of the end of the year 1986, both for the new tax deductions and to the new curve of rates and finally, circular No 2 of January 28, 1988 concerning payment of year-end 1987 and circular No. 1 of January 28, 1989 concerning the adjustment of the end of the year 1988. About the terms for the performance of the end-of-year adjustment refers, in particular, the attention of the substitutes on the provisions of art. 2 October 17, 1977, law # 749, which allows for adjustment operations to the incomes of employees can be made within two months of the end of the reference year; in practice, for incomes of the year 1992, employers and pension providers may make such an adjustment until February 28, 1993. Therefore, even for the year 1992, where employers have not been able to carry out additional tax by the end of this year, will do so over the next January and February 1993, with the consequent move to 15 or 20 February 15 or 20 March of the term or for the payment of withholding taxes resulting from the same adjustment Depending on whether the payments are made, respectively, by agricultural employers or by employers in non-agricultural (see the Ministerial Decree of February 24, 1984, official journal # 193 of July 14, 1984). Please note, however, that the move to February 28, 1993 adjustment operations only affects the financial effects of the final result of these operations, which will react on salaries and pensions in accomplishing an adjustment (December, January or February) where actually the balance itself is operated, provided the reference to fees paid (cash basis) until December 31, 1992 and its deemed made until that date. It is considered also appropriate to draw the attention of the employers on the obligation of compliance with the terms of monthly payments, in the sense that only if the conduct of operations by deferring payment to the months of January or February 15 or 20 remains consequently moved to February or March at 15 or 20 the term for the payment of any extra withholding resulting from the same adjustment , which will be added to those relating to fees paid in accomplishing an adjustment; Whereas, in the event that payment has been made by 31 December, the payment of its deemed to be made by 15 or January 20, 1993. In addition to the already mentioned, it reiterates that the move in late January or February of adjustment operations will cover all or part of an employee or retiree. For cases where the problem occurs when an adjustment of the reimbursement to the employee of the tax that is withheld additionally by the employer in the year 1992 pay periods, please note the following. If the employer, within the adjustment amount is, for all or part of the staff, in the impossibility to proceed, due to the insufficiency of the mountain-considered at its disposal, to reimbursement of the tax that is withheld, it is confirmed that the employer is entitled to perform settlement with deductions from income to the employee in the year 1993 , starting from the month following the adjustment transactions of the year 1992 in respect of those tax credits that could not be satisfied in such a place. Of course, at the same payment deductions relating to on-site recovery pay periods in the year 1993 will proceed even employers who have an advance, in whole or in part, the sums required to promptly refund the excess employees to their credit. In this respect, it is confirmed that tax refunds must not be extended to an adjustment as a result of termination of the employment relationship occurred before the end of the year. As for years, even for the courses balance end of year 1992 the employer, for the determination of tax due by each employee, Earth's account, as well as additional compensations paid to third parties in the year 1992 and communicated, even those paid always by third parties, in the year 1991 whose notices under the last paragraph of art. the Decree of the President of the Republic 24 September 29, 1973, # 600, are made to the employer after completion of the adjustment operations related to predicted year 1991. Therefore the withholding agents shall refrain from returning the communications concerned persons who submitted late. For the year 1992 the withholding agents who agreed deductions based on statements to this effect made by the interested parties, will operate the withdrawal of deductions for loads of family where the person concerned, with the income position of their relatives, "charged", also in the light of the limit of L. 4,800,000, made specifically requested in due time because it can take into account year end adjustment operations. Without prejudice to the above explanations, it should be fully operational, pointed out that the balance of 1992 year end must take into account, as well as tax deductions and related income limits set by Decree of the President of the Council of Ministers September 30, 1991 (annexes c to i), including the provisions referred to in articles 9 and 10 of the Decree-Law September 19, 1992, # 384, converted, with amendments, by law No 438 November 14, 1992, according to the criteria set out in this circular.
PART III CERTIFICATION FROM the EMPLOYER for the year 1992 3.1. Overview. The certificate model 101 designed for the income of employees paid in the year 1992 is no longer structured to allow the employee to declare income of buildings eventually owned in addition to income working certificate. The new model, therefore, cannot be used as a tax return, but it plays only the function of certificate issued by the withholding agent normally at the end of the adjustment relating to employment income. The restructuring of the model he made necessary following the imposition of the tax assistance that, pursuant to art. December 30, 1991 law 78, n. 413, should be paid to employees or retirees for the performance of obligations related to tax returns that are required. And indeed it is expected such assistance from employers or entities operating in pension benefits or by the authorized tax assistance for employees or retirees, to which the parties submit a declaration (730). In accordance with art. 78, paragraph 9, of the abovementioned law no 413 of 1991, the owners of the only employment income certificate from the model 101 are exempted from submission of the tax return or replacement certificate of Declaration itself; the certificate but may be filed solely for the purpose of selecting the destination of 8 per thousand of the proceeds of the tax on income of individuals. In case of submitting the tax return model 740, the certificate must be attached to the Declaration; wrong attachment, instead, if the Declaration is made with the mod. 730, in the context of tax assistance, the employer or the institution or to an authorized tax assistance for employees or retirees (CAAF/dip). As for other certifications (model 102 and Mod. 201) that withholding agents must issue for the claim of withholding taxes, respectively, on the work and severance indemnity pensions by those paid in the year 1992, please note that, since emerged restructuring needs graphics certificates, the certificates themselves do not contain any change with the exception of temporal and updates on the sole model 201, its adjustment for use within the tax assistance. Benefits paid to terminations that occurred in the year 1973 and earlier will continue to be certified with the appropriate model 102-bis, approved by Ministerial Decree March 12, 1986 and published in the Official Gazette No 62 of next March 15. That being said, recalling the clarifications contained in circulars previously cited, it should be noted in particular. Certificates-Mod. 101, Mod. 102 and Mod. 201-should be drafted in conformity of the types approved with ministerial orders published in the ordinary Supplement No. 132 to the Official Gazette-General series No. 297 of December 18, 1992. All cennati models are listed in the annex to this circular. It is recalled that, pursuant to the last paragraph of art. 16 April 13, 1977, law n. 114, these certificates have to be delivered to the employment income earners by April 20, 1993. In relation to such legislative provisions, this Ministry draws attention of employers and pension providers on the punctual observance of that obligation-assisted by the sanction referred to in point 4 of the first paragraph of art. 53 of Decree of the President of the Republic No. 600/1973-duly introduced by the legislature to allow employees and retirees to come into possession of certificates in Word with a reasonable time before the expiry of the deadline for submission of the tax return (740). About this Ministry believes that, even in the absence of an express legislative discipline, delivery models of that question, if it is not possible to direct delivery into the hands of the person concerned, may be made via postal service, authorizing its expedition ensures the precise observance of the term provided by law. Obviously, if for any misunderstanding the employee or retiree may not be in possession of these certificates in good time, the withholding agent must provide, at the request of the person concerned, the issuing of duplicate. To allow the employee or retiree to submit within the expected terms of 28 February and 31 March the tax model 730, the withholding agent should anticipate the release of certification with respect to income earned by those concerned, subject to withholding tax. The withholding agent located in the impossibility to release by the end of February the certificates provided for in art. 3 of the Decree of the President of the Republic September 29, 1973, # 600, at the request of the person concerned-subject to the requirement of certification within the period prescribed by art. 16, third paragraph, of the law April 13, 1977, # 114-must communicate the elements necessary for completing the tax return model 730. This early communication, duly signed, must, therefore, contain the following, with reference to individual certifications: Mod. 101: details identifying the substitute and replaced; the data referred to in points 4, 5, 6, 18, 19, 25, 26, 27, 28, 29, 30, 31, 32 and 34 of this model with its specifications; MOD. 102: identifying data of the substitute and replaced; data referred to in 1, 2 and 3 staves, columns 2 and 4, and 13 staff of this model with its specifications; MOD. 201: identification data for the replacement and replaced; the data referred to in points 5, 18, 19, 25, 26 and 30 of that template with the rela-tive specifications as well as that relating to charitable contributions. For all other certifications of the withholding agent, in addition to the identification data of the substitute and replaced, the Declaration must contain data about the amount of income paid and withholdings. It is recalled that, except for the round at the lira, no other truncation or rounding must be made on amounts of 101 models, 102 and 201. Employers who do not have the status of withholding agent (private condominiums towards porters; individuals against collaborators family, drivers, gardeners hired outside of any entrepreneurial or professional activities; etc.) and that, therefore, are not required to operate on salaries paid no INCOME TAX withholding purposes, shall not release the employee the certificate model 101 and, in cases of payment of severance pay, the model 102. However, as such amounts not subject to withholding shall be declared by the professional men, these employers, in order to facilitate the mentioned obligation, may issue a statement in free form containing the amount of salaries paid in the year 1992 and the purpose of the payment. The obligation to issue a declaration of withholdings made not in the form of the model 101 but in the form of a simple certification pursuant to art. 3 of the Decree of the President of the Republic No. 600 of 1973 there is instead in cases of payment of those income assimilated to those employees for whom when not withholding shall apply in full the rules peculiar to the employment income. Similarly, the model 101 can't be used to certify the income paid, pursuant to paragraph 3 of art. 7 income tax consolidation Act, heirs of the employee. In such cases must be issued a certificate containing, in addition to the employee's master data died, all the elements required by art. 3 of the Decree of the President of the Republic No. 600/1973. Signing the certifications and communications antic-ipate can also be accomplished through automatic processing systems by individuals who pass on the model 770 statements financial administration on magnetic media (cf. Circular No. 33 of December 5, 1992 published in the Official Journal No. 294 of December 15, 1992). 3.2. certificate of employer for remuneration paid in the year 1992 (model 101). The model 101 is divided into two parts: the first to be completed by the employer, the Second, to be used by the employee for the purposes of the choice for the target of 8 per thousand of the proceeds of the tax on income of individuals. The part on the certification is divided into six sections.
Section I this section contains the identification data of the employer and the employee compensation earner. In order to compile this section it is useful to remember that the code of practice, even if requested between elements of identification of the withholding agent, is used to classify the sector of activity of the employee and is always the same substitute when they work in one field of activity. This coincidence is less in the event that the Deputy would operate in most sectors of activity. The code for the activities exercised should be indicated according to the classification of economic activities is contained in the table annexed to the Ministerial Decree of December 14, 1991 (ordinary Supplement No. 85 to the Official Gazette # 293 of December 14, 1991) as amended and supplemented by Ministerial Decree of December 12, 1992 (ordinary Supplement No. 129 the official journal # 294 of December 15, 1992).
Section II In point 1 shall state the remuneration paid in the year 1992 as salary, additional monthly payments, benefits and other compensations as well as the various pension benefits provided by entities not required to certify the treatments themselves using the special model 201 certificate (characterless public law institutions). The designation fees must be made net of contributions referred to in point a) of art. 48 of the consolidated income tax to be paid by the employee, paid to social security or welfare institutions or having as their sole end cases according to legal regulations, by collective agreement or agreement or corporate bylaws, which together with the relative contributions to other emoluments indicated in points 2, 3 and 4))), must be indicated in section 6). It is recalled that among the fees referred to in paragraph 1 shall be given the various benefits anticipated by the employer on behalf of social security funds (allowance of puerperal disease, etc.). Go here also indicated that although the employee remuneration paid directly by the social security institutions, were, by the same employee, communicated to the employer with a view to their inclusion in the balance at the end of the year. In determining the amount to be disclosed in paragraph 1 must also need to take account of the amounts relating to grants and prizes under letters b) and c) of art. 48 income tax consolidation act which, in accordance with art. 10, paragraph 4, of Decree Law September 19, 1992, # 384, converted, with amendments, by law November 14, 1992, # 438, must contribute to the formation of taxable income in the cases provided for. In paragraph 13 of this section must be the amount of the tax deduction that according to art. 10 of Decree-Law n. 384/1992, is recognized in lieu of deduction on the charges as laid down in section IV of this certificate.
Section III The third section is reserved for fees related to prior years (arrears in a technical sense-tax) paid in the year 1992, which have no relevance for the purposes of end-of-year balance as being subject to separate taxation. Such fees, if the conditions, should be subject to recalculation, as already mentioned in paragraph 2.1. Il comma 4 dell'art. 18 income tax consolidation Act, when transposing, in substance, the provisions of art. 20 December 2, 1975 Act, no. 576, has extended to the salary arrears a chance to reduce the tax liability by the amount of the deductions not taken during the years in which the arrears. Employees and retirees who are in a position to make use of the provision in question must declare to the employer or to the awarding of the pension the amount of deductions taken for each of the reference years of arrears. The employer will be so in a position to reduce the tax payable on arrears of an amount equal to the allowance deductions deductions or not used.
Section IV recalls how told you in the previous section II in order to deduct, in lieu of the deduction, due to charges under letters b) and c) of art. 48 income tax consolidation Act.
Section V section V is reserved for the indication of the amount of salary or pension for the month of January or, failing that, that of February that must appear in the model 730 by employees and retirees who make use of the assistance by the CAAF/dip. Such salary or pension shall be shown net of all deemed not even to State revenue; It must therefore have regard to the sum which remains actually available to the employee or retiree. In case of monthly pay periods other than for the purposes of identification of the reference earnings must keep payroll account for a month. For the purposes of identification of the reference earnings for persons hired during the month of February, for which you are paid not entire monthly payments can be made on the information per month. 3.3. a medical certificate of death gratuity severance of employment and of advances on allowance was paid in the year 1992 subject to separate taxation (102). The model 102 continues to be structured around the following four sections and is accompanied by notes on compiling and explanatory notes. Section I-personal data of the lender and the recipient of the death gratuity. Section II-employment data, personal details of the employer in the event of delivery of benefits made by anyone other than by the same employer and employee's master data in the event of a death gratuity payable under art. 2122 of the civil code or special laws. Section III-accounting data relating to benefits. It is hardly necessary to point out that, in compiling this section in cases of payment of an anticipation of "other benefits and sums", should be given under item 4 any advances paid in previous years, with the caveat that such indication shall not affect the determination of the retention; determining what is happening through the application of the rate of 10%, to only 3, column 4 amount of rigo. Please note that in case of anticipation both of T.F.R. than "other benefits and sums", under item 7, column 4, must be indicated the single rate applied to T.F.R. and not even the rate of 10% applied to "other benefits and sums" that determines the withholding to be indicated under item 11, column 5. Section IV-data relating to the share of benefits paid pursuant to art. 2122 of the civil code or special laws.
*** We recommend that financial administration offices address maximum dissemination of the instructions contained in this circular and all appropriate assistance to those concerned.
The Minister: GORY