Analysis of Judgment No. 45868 of 2024: Aggravated Fraud and Superbonus 110%

The judgment No. 45868 of October 17, 2024, issued by the Court of Cassation, offers significant insights regarding the configuration of aggravated fraud in the context of public disbursements, particularly concerning the well-known Superbonus 110%. This decision not only clarifies regulatory aspects but also raises questions about the proper use of the tax benefits provided by emergency legislation.

The Regulatory Context of Superbonus 110%

The Superbonus 110% is a measure introduced by Decree Law No. 34 of May 19, 2020, aimed at stimulating economic recovery during the pandemic. However, the interpretation of the regulations has led to numerous legal disputes. The judgment under review addresses the issue of the consumptive moment of the crime of aggravated fraud, specifying that the offense is completed with the creation of the tax credit, even if it is not transferred to third parties.

The Maxim of the Judgment

Aggravated fraud for obtaining public disbursements - "Superbonus 110%" provided by pandemic emergency legislation - Completion of the crime - Identification. The crime of aggravated fraud for obtaining public disbursements, where these are constituted by the so-called "Superbonus 110%" provided by pandemic emergency legislation and the related tax credits for unexecuted works, is completed through the exercise of the option provided for in Article 121, paragraph 1, letter b), of Decree Law May 19, 2020, No. 34, with the simple creation of the tax credit substituting the tax deduction provided and not utilized, without it being necessary for the fictitious credit thus generated and consequently appearing in the tax drawer of the original beneficiary to be transferred to third parties or offset.

This maxim highlights how the mere creation of a tax credit, even if not used for offsetting or transferred, may constitute the crime of aggravated fraud. This implies criminal responsibility even in the absence of further acts that are traditionally associated with fraud.

The Implications of the Judgment

  • Strengthening of tax oversight: The judgment emphasizes the need for careful monitoring of practices related to the Superbonus, to prevent abuses.
  • Legal clarity: The Court clarified that criminal responsibility can arise even in the absence of further fraudulent behaviors.
  • Risks for professionals in the sector: Architects and engineers involved in managing applications may be exposed to significant legal risks.

This judgment represents an important legal precedent, drawing attention to how tax benefits can be subject to abuses and, consequently, to criminal sanctions.

Conclusions

In conclusion, judgment No. 45868 of 2024 provides a clear and detailed view regarding aggravated fraud in the context of Superbonus 110%. It is essential that citizens and professionals in the sector understand the legal implications of such measures to avoid encountering criminal issues. Awareness and correct interpretation of the regulations are crucial to ensure ethical and legitimate use of tax benefits.

Bianucci Law Firm