The draft implementing decree relating to the new hyper-depreciation ex Law 199/2025 would outline a complex system of communication requirements for companies interested in benefiting from the incentive. According to the text in circulation, the benefit would be subject to the submission, via the GSE platform, of specific communications, the failure to submit which within the prescribed terms and methods would prevent the completion of the incentive procedure. In particular, to access the increased depreciation, the company would be required to submit a preliminary communication, a confirmation of investment communication and a completion communication. In addition to these requirements, two further periodic communications would be required for the purpose of monitoring expenditure, to be submitted until the end of the hyper-depreciation benefit period.
The preliminary communication
The first requirement would be the preliminary communication – to be submitted for each production facility to which the investments relate – which should include, among other elements, the identification data of the company and the production facility, the type and amount of investments in tangible and intangible assets referred to in Annexes IV and V to Law 199/2025, as well as the expected date of interconnection. Any investments in assets intended for self-production and self-consumption of energy from renewable sources should also be indicated, with the relative expected date of entry into operation. This communication would therefore serve as a reservation and initial tracking of the investment.
Confirmation of investment within 60 days
For each preliminary communication, the company would subsequently be required to submit a confirmation of investment communication within 60 days of notification of the positive outcome by GSE. This communication should contain the date and the amount of payment relating to the last instalment necessary to reach 20% of the acquisition cost of each asset, as well as the identification data of the invoices relating to eligible costs. For assets acquired under leasing, the requirement of payment of 20% would be considered satisfied upon execution of the leasing contract and the commitment undertaken with the supplier by the lessor company through signing of the purchase order.
The confirmation communication could not relate to different assets, nor to investments of a higher amount than those already indicated in the preliminary communication.
The completion communication
Once the investments have been completed and the assets interconnected, the company would be required to submit one or more completion communications. The final deadline indicated by the draft would be 15 November 2028. This communication should refer to one or more assets already covered by the same confirmation communication and be accompanied by certifications relating to possession of the required documentation, including the certified technical report and accounting certification.
According to the draft, “completion of investments” should be understood, for tangible and intangible 4.0 assets, as the date the investment is made according to the general rules of tax accrual pursuant to Art. 109, paragraphs 1-2 of the TUIR. For investments in tangible assets intended for the self-production and self-consumption of energy from renewable sources, the completion date of the works would instead be relevant.
Effective date of the increased depreciation
The increased depreciation would be effective from the tax period in which the company submits the completion communication to GSE, provided that the asset has entered into operation within the same period. Use would in any case remain subject to receipt of the positive outcome communication from GSE. It follows that, in order to benefit from the first instalment of hyper-depreciation in the REDDITI 2027 form in relation to an investment completed in 2026, it would be necessary for the asset to have entered into operation and been interconnected in 2026, with availability of the technical report and accounting certification, and for the completion communication to be submitted by 31 December 2026.
The two new communications for expenditure monitoring
Compared to previous incentives, the draft would introduce two additional communications for the purpose of monitoring expenditure.
The first should be submitted by 20 January of each year and should contain information relating to investments made, costs incurred and forecast use of the benefit. The second, of a supplementary nature, should be submitted by the following 30 June and should include the depreciation schedule, indicating the instalments relating to the incentive allocated in each financial year.