We report an interesting and useful question (which appeared in “Il Sole 24 Ore L’Esperto risponde N.46” del 20/11/2023), regarding the recovery of tax credits in ZES areas.
Request. A company engaged in liquid processing activities in a ZES (Special Economic Zone) area purchases a new industrial plant eligible for tax credits. In addition, to complete the project, it incurs all expenses for the installation of a lighting and video surveillance system, the purchase of an oil separator, and other urbanization works. Can these costs still be included in the ZES investment tax credit?
Answer. It is believed that these investments, even if not directly related to the productive activity, are still destined for the productive structure. Therefore, they can be included in the ZES investment tax credit. Article 1, paragraph 99, law 208/2015 – referred to in Article 5, paragraph 2, DL 91/2017, states: ‘Urgent provisions for the economic growth of the South,’ converted into law 123/2017 – refers to investments related to the purchase, also through financial leasing contracts, of machinery, plants, and various equipment intended for existing or newly established production units in the territory.”
The investments must, therefore, relate to assets that can be classified under BII2 and BII3; it is emphasized that BII2 ‘plants and machinery’ can include generic systems not related to the typical activity, such as heating/cooling services and alarm systems. Under BII3 ‘industrial and commercial equipment,’ laboratory tools and equipment, for example, are included.
