Aggravated Fraud and Construction Bonuses: Commentary on Ruling No. 40015 of 2024

Ruling No. 40015 of October 23, 2024, filed on October 30, 2024, represents an important pronouncement by the Court of Cassation concerning construction bonuses and the methods for obtaining tax credits. In particular, the Court specified that the conduct of those who obtain the recognition of tax credit through the submission of false invoices, attesting to works not carried out, constitutes the crime of aggravated fraud under Article 640-bis of the Criminal Code, excluding the applicability of undue receipt of public funds under Article 316-ter of the Criminal Code.

Regulatory and Jurisprudential Context

Italian law, through Legislative Decree No. 34 of May 19, 2020, introduced tax relief measures for the construction sector, known as 'construction bonuses'. These incentives aim to promote the renovation and energy efficiency of buildings, but they have also opened the door to possible abuses. The Court clarified that, in cases of submitting false invoices, the crime of aggravated fraud is constituted, as the public administration is misled and recognizes the right to tax credit based on false information.

The Significance of the Ruling

Recognition of tax credit provided for by legislation on construction "bonuses" - As a result of submitting false invoices attesting to the execution of works actually never carried out - Aggravated fraud for obtaining public funds - Configurability of the crime - Undue receipt of public funds - Exclusion - Reasons. The conduct of those who obtain the recognition of tax credit provided for by legislation on construction "bonuses" as a result of submitting false invoices attesting to the execution of works actually never carried out constitutes the crime of aggravated fraud for obtaining public funds, under Article 640-bis of the Criminal Code, and not that of undue receipt of public funds, under Article 316-ter of the Criminal Code, since the recognition of the right by the administration occurs as a consequence of being misled, achieved through the production of false invoices.

This statement by the Court underscores the importance of truth and transparency in commercial transactions, particularly in the public sector. The distinction between aggravated fraud and undue receipt is crucial: the former requires the element of deception, while the latter refers to conduct that, although incorrect, does not necessarily mislead the administration. The ruling clarifies that, in the presence of false invoices, direct deception occurs, thus constituting aggravated fraud.

Conclusions

Ruling No. 40015 of 2024 offers a clear and precise interpretation of the current legislation on construction bonuses and related offenses. It highlights the need to maintain high standards of correctness and honesty in business practices, especially when interacting with the public administration. Companies and professionals in the sector must pay particular attention to the documentation and practices used to obtain tax credits, in order to avoid serious legal consequences and damage to their reputation.