THEIMU you pay on agricultural land? The professional agricultural entrepreneur (IAP), even if he works through a company, no longer. This was established by an amendment to the Growth Decree approved in the Chamber and now under discussion in the Senate for the definitive conversion. The text sheds light on the past as the law provided that agricultural land and buildings owned by direct or professional agricultural entrepreneurs (IAP). The latter qualification, however, may be one's own both individuals and companies, which has caused serious problems in interpreting the law.
In particular, while natural persons IAPs clearly fall within the scope of the exemption, the same could not be said of companies qualified as IAPs. Because the law was unclear on this point, so far the Italian Municipalities have interpreted the rule in different ways. Result: in some cases the IAP companies had to pay the Imu on agricultural land and residential buildings while in others they were exempt, depending on the administration under which they were lucky (or unlucky) to fall.
But now something has changed. Last week the House approved an amendment to the Growth decree (article 16-ter) which sheds some light on the problem. The text makes it clear that corporate IAP subjects are equivalent to natural persons in possession of the same qualification and therefore are not subject to the payment of the IMU on agricultural land and on the house.
Il Growth decree it is now being examined by the Senate, where it will be armored with trust and converted into law by June 29, the last day to avoid the forfeiture of the measure.
Confagricoltura expresses satisfaction with the green light to the amendment on IAP companies and explains in a note that the novelty "has retroactive effect, since the text expressly refers to the authentic interpretation of the provision (pursuant to Article 1 of the Taxpayer's Statute)”.
But what exactly is meant by "company with IAP qualification”? The answer is in article 1, paragraph 3 of the legislative decree 29 March 2004, n. 99:
"Partnerships, cooperatives and capital companies, also for consortium purposes, are considered professional agricultural entrepreneurs if the statute provides for the exclusive exercise of agricultural activities referred to in article 2135 of the civil code as the corporate object and they are in possession of the following requirements:
a) in the case of partnerships when at least one shareholder holds the qualification of professional agricultural entrepreneur. For limited partnerships, the qualification refers to the general partners;
b) in the case of cooperatives, including those that run farms, if at least one fifth of the members hold the qualification of professional agricultural entrepreneur;
c) in the case of joint stock companies, when at least one director holds the qualification of professional agricultural entrepreneur".
