After years of darkness, finally the INPS (the Italian social security administration) has expressed its opinion on the taxable base to be used for calculating the contributions of self-employed workers and sole proprietorships benefiting from the Impatriati regime (Art. 16, D. Lgs. n. 147/2015).
This is news with really important economic implications, the social security contribution rate in Italy is in fact quite high, precisely 26.23 percent.
Let’s frame the case.
So-called Impatriati workers are individuals who settle in Italy and, having met certain legal requirements, can benefit from a 70% to 90% reduction in taxable work income, depending on where they establish their residence in Italy.
This tax relief lasts for 5 years and can be extended for another 5 years if additional legal requirements are met (the percentages of the benefit, however, change).
That being said, there is, to date, no reference within the aforementioned Art. 16, D. Lgs. 147/2015 that would lead one to believe that this reduction in taxable income has not only fiscal but also social security value.
This protracted vulnus has, therefore, fueled the doubt as to whether the abated income valid for tax purposes was also relevant for contribution purposes, or whether instead said contribution obligations should be discharged on the basis of total income without applying the relief provided by the special regime. Most doctrine, based on prudential criteria, has leaned toward the latter hypothesis.
Clarifying the situation was the INPS Circolare n. 52 of June 7, 2023.
As far as we are interested, this document establishes that, when preparing income tax returns, in the event that the box regarding the application of the benefit for Impatriati workers is valorized in the form RF (relating to professionals) and form RG (relating to sole proprietorships), the taxable contribution base “is the same as that identified for IRPEF purposes.”
Therefore, the individual who, for example, benefits from a 70 percent taxable income abatement will use the same taxable income for the purpose of calculating social security contributions due.
The magnitude of the news is of considerable importance both for individual taxpayers with higher incomes who, in fact, will pay INPS contributions on a lowered taxable base, and for small taxpayers (self-employment income up to €85,000) who, until now, thus before the very recent INPS clarification, would have opted for a more convenient so-called “Forfettario” regime[1] (flat tax between 5 percent and 15 percent).
In conclusion, in light of the clarifications made by INPS Circular No. 52 of June 7, 2023, the following can be stated:
1. The abatement of taxable income provided by the special regime for Impatriati workers (Art. 16, D. Lgs. No. 147/2015) produces its effects in both tax and social security terms;
2. The choice of this regime turns out to be more advantageous than the regime Forfettario.
Indeed, it should be recalled that the flat-rate regime provides:
a flat tax equal to 5% (for the first 5 years in the case of a new activity), which then changes to 15% to be applied, depending on the activity carried out, to a taxable income equal to 78% or equal to 67% of turnover on an annual basis;
INPS contribution, at an ordinary rate of 26.23%, to be applied to the above taxable amounts (78% or 67% of turnover on an annual basis).
To make it clearer, by way of example and exemplifying the calculations as much as possible (thus not taking into account, for example, the deductions provided for by law and assuming by excess an overall rate equal to 4% for the so-called municipal and regional IRPEF additional taxes.), with an income of € 85,000, applying the flat-rate regime we will have the following taxation:
TAXABLE iNCOME 78% | TAXABLE iNCOME 67% | |
---|---|---|
WORK INCOME | € 85.000 | € 85.000 |
TAXABLE WORK INCOME | € 66.300 (78%) | € 56.950 (67%) |
FLAT TAX 5% | (66.300 X 5%) = € 3.315 | (56.950 X 5%) = € 2.848 |
SOCIAL SECURITY 26,23% | (66.300 X 26,23%) = € 17.391 | (56.950 X 26,23%) = € 14.938 |
TOT. TAXATION (FLAT TAX + SOCIAL SECURITY) | (3.315 + 17.391) = € 20.706 | (2.848 + 14.938) = € 17.785 |
Applying instead the Impatriati scheme, we will have:
INCOME ABATMENT 70% | INCOME ABATEMENT 90% | |
---|---|---|
WORK INCOME | € 85.000 | € 85.000 |
TAXABLE WORK INCOME | (85.000 X 30%) = € 25.500 | (85.000 X 10%) = € 8.500 |
INCOME TAX (IRPEF) | € 6.075 | € 1.955 |
ADDIZIONALI (ESTIMATED FOR SIMPLICITY AND IN EXCESS OF 4%) | € 1.020 | € 340 |
SOCIAL SECURITY 26,23% | (25.500 X 26,23%) = € 6.689 | (8.500 X 26,23%) = € 2.230 |
TOT. TAXATION (IRPEF + ADDIZIONALI + SOCIAL SECURITY) | (6.075 + 1.020 + 6.689) = € 13.784 | (1.955 + 340 + 2.230) = € 4.525 |
It is clear from the above that it is always convenient, we repeat, in the light of the recent Circolare INPS n. 52 of June 7, 2023, to apply the Impatriati scheme.