Table of contents
- What happens if IMU payment is delayed? Calculation of IMU sanctions
- Omissions or IMU Errors
- Compilation F24 industrious repentance
What happens if IMU payment is delayed? Calculation of IMU sanctions
Updated on 05/26/2019. Taxpayers who omit or make IMU payments late can regularize their debt position avoiding the application of the ordinary sanction, provided that the violation has not already been contested or in any case administrative checks have not started.
If the taxpayer does not pay the IMU deposit by the deadline but therefore makes a delay in the IMU payment, the active amendment is triggered (code 3924) for:
- IMU payment from 1 to 14 days after the deadline, a reduced penalty of 0.2% of the tax is applied for each day of delay.
- IMU payment delay from 15 to 30 days, a fixed penalty of 3% is paid.
- IMU payment over 30 days and up to one year from the due date, the penalty rises to 3.75%.
Default interest (code 3923) must always be added separately to the amount obtained above. To calculate the exact amount of interest on arrears you must first multiply the tax amount by the number of days of delay and then multiply everything by the annual legal interest rate of 2.5%. The result, then, must be divided by 365.
Example of calculating active repentance (code 3924): Let’s consider the case of a taxpayer who has to pay an Imus of € 600.00 and intends to do it in three installments of € 200.00 each: if due to forgetfulness or choice, the ‘hypothetical taxpayer fails to pay the amount due within the agreed limit (18 June 2012), he could still regularize his position after 14 days at the additional cost of 200x (14 × 0.2%) = € 5.60 With a delay between 15 and 30 days, the penalty would increase to € 200.00 × 3% = € 6.00, while with a delay between 30 days and a year, the burden compared to the amount due would rise to € 200.00 × 3.75% = € 7.50.
Example of calculation of default interest (code 3923): Installment of € 200.00 x 14 (days overdue) x 0.025 (2.5%) divided by 365 = € 0.19
Omissions or IMU Errors
Another case in which the taxpayer can incur sanctions is the unfaithful Imus declaration for “omissions or errors”. If the citizen, realizing the error, to report the unfaithfulness of the declaration, the legislator foresees the “industrious repentance”, within 90 days 5% and within one year 6.25% of the higher tax due + default interest. In the event that the administration challenges the unfaithful declaration, a penalty of 50% to 100% of the higher tax due is applied.
Those who do not pay the IMU risk investigations by the Municipalities can be triggered at any time, especially if the proceeds from the first installment are significantly below expectations. In this case, it will no longer be possible to resort to “active repentance” and the IMU penalty calculation envisaged is from 100% to 200% of the tax due with a minimum of € 51.00. Correct thanks to the report from Giorgio whom I greet.
Compilation F24 industrious repentance
The payment in all cases must be made using the F24 form, by crossing the box relating to “active repentance” for all tax codes used and indicating the total amount including the tax due, penalties, and interest.
The tax codes to be used, added to the standard ones already seen here, are the following but are not yet operational
- “3923” – called “IMU INTEREST FROM ASSESSMENT – MUNICIPALITY”;
- ” 3924 ” – called “IMU SANCTIONS FOR ASSESSMENT – MUNICIPALITY”
THESE CODES ARE NOT YET OPERATIONAL SO THE INTERESTS AND THE SANCTIONS, FOR NOW, MUST BE CUMULATED DIRECTLY IN THE RESULT OF THE CALCULATION OF THE TAX DUE FOR EACH HOUSE AND THE ROUNDING OF THE UNIT. (EX. 314.56 = 315 OR 314.48 = 314) MUST BE CARRIED OUT FOR EACH LINE OF THE F24 MODEL SO ALWAYS ON THE RESULT OF THE TAX DUE FOR EACH HOUSE.