Decree-Law no. 42/2026 intervenes once again on the regulations for the Transition 5.0 tax credit for companies whose prior communications had remained without financial coverage due to the exhaustion of available resources. The amendment, which affects Art. 8 of the previous Decree-Law no. 38/2026, significantly increases the amount of the benefit, raising it from 35% to 89.77% of the requested amount.
Eligible subjects and requirements for access
The legislative intervention implements the strengthening of resources allocated to the measure and redefines the scope of the credit due to companies that have submitted the communications provided for by Art. 38, paragraph 10, first sentence, of Decree-Law 19/2024 and that have received communication from the GSE certifying both the existence of the technical eligibility requirements provided for by the Ministerial Decree of July 24, 2024, and the exhaustion of the allocated funds. The new tax credit is recognized in relation to investments attributable to Annexes A and B of Law 232/2016, as well as personnel training expenses. Compared to the original formulation, expenses incurred to fulfill certification obligations are no longer expressly included among the considered items.
The increase in allocated resources and GSE communications
From a financial perspective, the measure can rely on a significantly higher allocation: the expenditure limit for 2026 is in fact set at 1,302.3 million euros, drawn from the resources referred to in Art. 1, paragraph 770, second sentence, of Law 199/2025, instead of the 537 million initially planned. In the absence of amendments to paragraph 2 of Art. 8 of Decree-Law 38/2026, the deadline of April 30, 2026 remains firm, by which the GSE must communicate the effectively usable credit to the interested parties, following notification to the Revenue Agency.
Methods of use and tax regime of the benefit
Nothing changes, however, regarding the methods of using the benefit. The credit continues to be usable exclusively through compensation using the F24 form, to be submitted by December 31, 2026, and in any case no earlier than five days after the communication of the usable credit. Furthermore, the compensation operates in derogation of the main quantitative limits ordinarily applicable to incentive credits, as well as the prohibition of compensation in the presence of tax debts exceeding 1,500 euros.
The regulation also confirms the favorable tax regime of the credit, expressly establishing that it does not contribute to the formation of taxable income or the IRAP taxable base and that it is not relevant for the purposes of the deductibility ratio referred to in Articles 61 and 109, paragraph 5, of the TUIR (Consolidated Law on Income Tax).
The new contribution for investments in renewables
Alongside the strengthening of the tax credit, Decree-Law 42/2026 introduces a new paragraph 3-bis to Art. 8 of Decree-Law 38/2026, providing a specific contribution for the same companies. This measure concerns expenses incurred for investments in plants intended for the self-production of electricity from renewable sources for self-consumption, including expenses related to storage systems, provided they comply with the DNSH principle, as well as expenses for accounting certifications and those necessary to demonstrate the reduction in energy consumption and environmental compliance.
In any case, the contribution cannot exceed, for each application, the amount of the tax credit requested for the same expenses. Regarding resources, the legislator identifies a maximum ceiling equal to 57.7 million euros for 2026, 80 million for 2027, and 60 million for 2028. Disbursement will be entrusted to MIMIT, based on information transmitted by the GSE and according to procedures to be defined by a specific ministerial decree, in compliance with European state aid regulations.