Biennial Preventive Tax Agreement: Key Changes Introduced by the Omnibus Decree

In this article, we examine in detail all the changes introduced by the corrective legislative decree known as the “Omnibus Decree” (Legislative Decree No. 148/2026) to the rules governing the Biennial Preventive Tax Agreement (CPB), laid down in Legislative Decree No. 13/2024.

1. Acceptance Without Meeting the Requirements Has No Effect

If an eligibility requirement is not met or an exclusion criterion applies, acceptance of the Biennial Preventive Tax Agreement has no effect from the outset and is no longer treated as a subsequent forfeiture of the regime.

2. Changes to the Reward Scheme

The Omnibus Decree strengthens the package of ISA-related benefits available to taxpayers who renew the Biennial Preventive Tax Agreement for a further two-year period:

• the exemption from the compliance certification requirement for offsetting direct tax and IRAP credits is increased to EUR 70,000 per year (from the ordinary threshold of EUR 50,000);

• the exemption from the compliance certification requirement for offsetting VAT credits is increased to EUR 100,000 per year (from the ordinary threshold of EUR 70,000);

• the exemption from the requirement to obtain a compliance certification or provide a guarantee for VAT refunds is increased to EUR 100,000 per year (from the ordinary threshold of EUR 70,000);

• the limitation period for tax assessment activities is shortened by two years (instead of the ordinary one-year reduction);

• no interest is due on instalment payments of taxes relating to the 2026–2027 biennium.

  
  

3. No Additional Advance Payment for Taxpayers Who Renew

For the first year of participation, taxpayers who calculate advance payments using the historical method must apply a 10% surcharge to the difference between the agreed income and the income for the previous year, payable by the deadline for the second or single advance payment instalment.

In the event of a continuous renewal of the Biennial Preventive Tax Agreement, this surcharge is no longer due. However, it becomes applicable again if the taxpayer skips a biennium, thereby interrupting the continuity of participation.

4. Redetermination of Agreed Income Following the Filing of an Amended Tax Return

An important change introduced by the Omnibus Decree concerns the possibility, starting from the Biennial Preventive Tax Agreement 2026–2027, of filing an amended tax return to correct errors or omissions relating to revenues or fees that affected the proposed agreement.

The agreed income will therefore be recalculated on the basis of the corrected data, with the possibility of regularising the related penalties through the voluntary correction procedure (ravvedimento operoso).

It should be noted, however, that this provision will not apply to the Biennial Preventive Tax Agreement 2025–2026.

5. Changes to the Grounds for Forfeiture

With regard to the grounds for forfeiture, the following substantive changes have been introduced:

• the 30% threshold relating to undeclared activities or fictitious/non-deductible liabilities identified during a tax assessment now applies to professional fees as well as revenues;

• where errors or omissions relating to the tax period preceding the Biennial Preventive Tax Agreement are identified during a tax assessment, forfeiture occurs only if the recalculated income exceeds the agreed income by at least 30%. This amendment should be read in conjunction with the newly introduced possibility of filing an amended tax return affecting the agreed amounts. Following the legislative change, it appears possible to correct errors and omissions resulting in a variation of more than 30% of the agreed amount, provided that such correction is made voluntarily and not as a result of a tax assessment;

• the ground for forfeiture applicable where the data reported in the income tax return did not correspond to the data communicated for the purpose of determining the proposed agreement has been repealed;

• the ground for forfeiture arising from the subsequent loss of eligibility requirements has been repealed, consistently with the new principle that acceptance without the required conditions has no effect from the outset.

  
  

6. Changes in the Ownership or Membership Structure

Solely in the case of renewal of the Biennial Preventive Tax Agreement, the Decree provides that a change in the ownership or membership structure will not constitute a ground for exclusion, provided that the new shareholders, members or partners did not receive, in the previous year, self-employment income, employment or equivalent income, or business income exceeding EUR 35,000.

7. Mandatory Participation for Professionals Who Are Members of Professional Associations, Professional Companies (StP) and Law Firms (StA)

The requirement for a self-employed professional who is a member of a professional association, a professional company (Società tra Professionisti – StP), or a law firm organised as a company (Società tra Avvocati – StA), to participate in the Biennial Preventive Tax Agreement at the same time as the entity is limited to cases where the economic activity is attributable to the same Synthetic Index of Tax Reliability (ISA) applied individually to the taxpayer.

8. Special Voluntary Settlement for 2020–2023

In the event of renewal of the Biennial Preventive Tax Agreement for the 2026–2027 biennium, taxpayers will be able to access the new special voluntary settlement regime, allowing them to regularise, also separately, the 2020–2023 tax years by paying a substitute tax in lieu of income taxes, additional regional and municipal surcharges, and IRAP.

The taxable base is determined by increasing the reported income by a percentage linked to the ISA score: the higher the score, the lower the increase. A tax rate is then applied to the resulting increase, with lower rates applying to taxpayers achieving higher ISA scores.

For 2020 and 2021, the substitute taxes are reduced by 30% due to the COVID-19 emergency.

To complete the special voluntary settlement procedure, the substitute tax due must be paid between 1 January and 15 March 2027, either in a single payment or in up to 10 monthly instalments, with a minimum amount of EUR 1,000 for each tax year.

Once the substitute tax has been paid, no further adjustments to income for the regularised tax years may be made following a tax assessment, except in the event of forfeiture of the Biennial Preventive Tax Agreement or criminal proceedings concerning serious tax offences.

However, the limitation periods for tax assessments are extended until 31 December 2029. Taxpayers who renew the Biennial Preventive Tax Agreement without opting for the special voluntary settlement are nevertheless subject to an extension of the assessment deadlines expiring in 2026, which are postponed until 31 December 2027.

Tax & Legal Research Hub

Centro Studi e Pianificazione Fiscale

Responsabile

Dott. Valerio Locatelli

Coordinatore

Dott. Giancarlo Marengo