Tax Observatory › Assessment, collection and litigation › Cooperative compliance: the threshold falls to EUR 100 million from 2028, and the tax risk control system must be certified before entry

Cooperative compliance: the threshold falls to EUR 100 million from 2028, and the tax risk control system must be certified before entry

From 2028 businesses with revenue or VAT turnover of at least EUR 100 million will be able to enter the adempimento collaborativo (cooperative compliance regime); in 2026 and 2027 the threshold remains EUR 500 million. Entry requires a tax risk control system certified by a lawyer or a chartered accountant (dottore commercialista) on the relevant list. Businesses admitted without certification on applications filed in 2024 or 2025 must produce it by 31 December 2026; failing that, the Italian Revenue Agency (Agenzia delle Entrate) may exclude them from the regime.

Thresholds and groups

Article 7, paragraph 1-bis, of Legislative Decree No. 128 of 5 August 2015 reserves the regime for taxpayers with VAT turnover or revenue of at least EUR 750 million from 2024, EUR 500 million from 2026 and EUR 100 million from 2028. The test uses the higher of revenue in the financial statements and VAT turnover for the three financial or calendar years preceding the application (paragraph 1-ter).

Businesses belonging to a group under common legal or de facto control within the meaning of Article 2359, paragraph 1, points 1 and 2, and paragraph 2, of the Civil Code may also be admitted, provided that at least one of them meets the threshold and the group adopts a certified integrated system (paragraph 1-quater).

The system and its certification

The system (tax control framework, TCF) must ensure clear roles and responsibilities, effective procedures for identifying and controlling tax risks, corrective action and a map of the tax risks arising in business processes, with a report to the management bodies at least once a year (Article 4, paragraphs 1 and 2). It is certified by independent professionals: Ministerial Decree No. 212 of 12 November 2024 reserves this activity for professionals who have been on their professional register for more than five years and are on the lists kept by the National Bar Council (Consiglio nazionale forense) or the National Council of Chartered Accountants (Consiglio nazionale dei dottori commercialisti e degli esperti contabili); the certification lasts three years.

Businesses that had already been admitted, or had applied, before 18 January 2024 do not need to have the system certified but must attest that it operates effectively (Legislative Decree No. 221 of 30 December 2023, Article 1, paragraph 3).

What the regime offers

For risks disclosed promptly and fully before the return is filed or the deadline expires, provided the conduct matches what was disclosed, no administrative penalties apply (Article 6, paragraph 3) and there is no criminal liability for the offence of filing an inaccurate return (paragraph 4), save for sham or fraudulent conduct and, for the offence, non-existent deductible items. With a certified system the time limits for assessment are shortened by two years (paragraph 6-bis), subject to the exceptions in paragraph 6-quater.

Businesses below the threshold may opt for the regime under Article 7-bis: the election is notified to the Revenue Agency, lasts two tax periods, is irrevocable and is renewed automatically. It rules out administrative penalties and criminal liability for filing an inaccurate return in respect of risks submitted through an interpello (ruling request) and, from 12 August 2026, of risks relating to earlier periods that are disclosed within 120 days of the outcome of the check on the election (paragraphs 2-bis and 2-ter); it does not shorten the time limits.

Two examples

• A group with an Italian company that has revenue of EUR 600 million and two subsidiaries with EUR 40 million each: with a certified integrated system all three can be admitted as early as 2026, because one group company exceeds the EUR 500 million threshold.
• A business with revenue of EUR 150 million in the last three financial years: until the end of 2027 it can consider only the Article 7-bis election; from 2028 it may apply for the full regime, with a system that is already certified.

In practice

• Businesses admitted without certification on applications filed in 2024 or 2025: the management body engages a certifier on the list in good time and produces the certification by 31 December 2026 (a deadline extended by Legislative Decree No. 148/2026). Otherwise the Revenue Agency may, after inviting the taxpayer to submit observations (contraddittorio), declare the exclusion by reasoned decision, in our view after the 120-day observation period that applies to breaches of the taxpayer’s commitments (Article 7, paragraph 3; Article 14, paragraph 3, of Legislative Decree No. 192/2025).
• Businesses in the regime since before 18 January 2024 whose tax period is the calendar year: attestation, by 31 December 2026, of operating effectiveness covering the controls carried out in 2024 and 2025 (Revenue Agency Circular No. 6/E of 6 August 2026).
• From 1 January 2027 the rules will be found in Articles 143 to 150 of the consolidated Act on tax compliance and assessment (Legislative Decree No. 141 of 5 August 2026): thresholds and groups in Article 147, the 31 December 2026 deadline in Article 148.
• Documents to keep: risk map, reports to the management bodies, certification or attestation, correspondence with the Revenue Agency.

Frequently asked questions

Can a business with revenue of EUR 200 million enter in 2027?

No: the threshold remains EUR 500 million until the end of 2027. It may opt for the Article 7-bis regime; the full regime will be open to it from 2028.

Who can certify the system?

An independent lawyer or chartered accountant who has been on the professional register for more than five years and is on the list kept by their national council (Ministerial Decree No. 212/2024). The certification lasts three years and must then be updated.

Does the shorter assessment period always apply?

No: it requires a certified system and does not apply to violations committed using false documents, non-existent transactions, artifice or fraudulent conduct (Article 6, paragraph 6-quater).

Sources

Legislative Decree No. 128 of 5 August 2015, Articles 4, 6, 7 and 7-bis (text in force on 12 November 2026)

Civil Code, Article 2359

Legislative Decree No. 221 of 30 December 2023, Article 1, paragraph 3

Ministerial Decree No. 212 of 12 November 2024, Articles 1 and 7

Legislative Decree No. 192 of 18 December 2025, Article 14

Legislative Decree No. 148 of 7 August 2026, Articles 16 and 17

Legislative Decree No. 141 of 5 August 2026, consolidated Act on tax compliance and assessment, Articles 143 to 150 (from 1 January 2027)

Revenue Agency (Agenzia delle Entrate), Circular No. 6/E of 6 August 2026, § 2.6, referring to the Ministerial Decree of 21 November 2024 on how operating effectiveness is attested