Italian Tax Authority: draft interpretative circular on the CCII open for consultation

On 15 April 2026, the Italian Tax Authority (Agenzia delle Entrate) published for consultation a draft circular on the amendments introduced by Legislative Decree No. 14/2019 (the Codice della crisi di impresa e dell’insolvenza — the “CCII”).

The circular provides the first interpretative clarifications on the aspects involving the Italian Tax Authority in the institutes governed by the CCII, with particular reference to the provisions concerning the negotiated composition of crisis (composizione negoziata della crisi) (Title II — Chapter I), the simplified composition (concordato semplificato) (Art. 25-sexies), the restructuring plan subject to judicial confirmation (piano di ristrutturazione soggetto ad omologazione) (Art. 64-bis) and corporate groups (Title VI).

Among the most significant aspects, the circular clarifies: (i) the possibility of reducing VAT in the settlement agreement in the context of the negotiated composition of crisis; (ii) the definition of the tax liabilities subject to tax settlement (transazione fiscale); (iii) the time limits for the conclusion of negotiations; (iv) the procedures for submitting proposals for partial or deferred payment of taxes and social security contributions; (v) the rate of interest applicable to tax debts; (vi) the management of the Tribunal’s voting window, with a view to ensuring that the Italian Tax Authority has adequate time for an informed assessment of the proposal; and (vii) the scope of applicability of deferred payment.

The consultation will remain open until 20 May 2026.