The 2024 Budget Law (A.C. 1627), approved by the Senate on December 22 and currently under examination by the Chamber (the budget review is scheduled for December 28), includes a provision regarding the “timeliness of regulatory resolutions and approval of rates and fees concerning certain municipal taxes,” including IMU.
Provisions of the 2024 Budget Law
In particular, the examined Draft Law (at Article 1, paragraphs 72 and 73), expressly derogating some legislative provisions, stipulates that, limited to 2023:
- Resolutions and approval of rates and fees concerning IMU are considered timely if entered into the fiscal federalism portal by November 30, 2023, and published for their effectiveness by January 15, 2024;
- Any positive difference between the IMU calculated based on acts published by January 15, 2024, and that paid based on acts published according to ordinary rules (by October 28, 2023) is due without the application of sanctions and interest by February 29, 2024. In case of a negative difference, the refund is due according to ordinary rules.
Calculation of the IMU Balance
Essentially, for the year 2023 only, the ordinary rules stipulating that the IMU balance (payment due by December 16 of each year) must be calculated based on resolutions published by October 28 are derogated. In the absence of publication, the calculation is to be made by applying the resolutions of the previous year.
The 2024 Budget Law provides that the IMU balance for 2023 must be calculated based on resolutions approved by November 30, 2023 (and published by January 15, 2024) and sets the payment deadline for the next February 29. By this date, any positive difference between the IMU calculated based on resolutions published by January 15 and the IMU already paid (calculated based on previous resolutions published by October 28, 2023) must be paid. All of this without sanctions or interest. In the case of a negative difference (if the rates published by January 15 are lower than those previously approved), a refund can be requested.
Changes for Municipalities
More time is thus granted to municipalities, allowing resolutions for the IMU due for 2023 to be published by January 15, 2024 (extending the original deadline of October 28, 2023).
Lastly, the Budget Law currently under approval (at Article 1, paragraph 74) includes a coordination provision applicable as a standard. It stipulates that from the year 2024 onwards, if the regular deadlines of October 14 (the date by which the municipality must enter the list of rates and the text of the regulation in the dedicated section of the Fiscal Federalism Portal) and October 28 (the date by which rates and regulations must be published on the website of the Department of Finance of the Ministry of Economy and Finance to be effective for the reference year) fall on Saturdays or Sundays, they are extended to the next working day.
