R&D Credit: Litigation or regularization?

With the Director Decree dated 01/06/22, the Revenue Agency approved the form and instructions to apply for the procedure for returning the research and development tax credit pursuant to article 5 of Law Decree No. 146/2021, thanks to which the improper use of the tax credit can be regularized, without the imposition of penalties and the application of interest (the form and instructions are available here).

The most recent jurisprudence of merit, however, is uniformly expressing itself in favor of taxpayers (see most recently Tax Court of First Instance of Napoli 4988/22 and Tax Court of First Instance of Rome n. 5918).

It’s up to the taxpayers to choose between pursuing the tax controversy or waiving the credit with the procedure at stake.