From 1 January 2027 administrative and criminal tax penalties will be governed by the consolidated Act on tax penalties approved by Legislative Decree No. 173 of 5 November 2024: Legislative Decree No. 471/1997 is repealed in full, Legislative Decree No. 472/1997 almost in full and Legislative Decree No. 74/2000 except for two articles. Administrative violations committed before that date remain subject to the law in force when they were committed, unless a later law is more favourable and the penalty decision has not yet become final (Article 2 of the consolidated Act); for criminal offences Article 2 of the Criminal Code continues to apply.
The consolidated Act applies from 1 January 2027 (Article 102), the date set by Article 4 of Decree-Law No. 200 of 31 December 2025, converted into law by Law No. 26 of 27 February 2026. From that date Article 101 repeals Legislative Decree No. 471/1997; Articles 1 to 18, 20, 21 and 23 to 29 of Legislative Decree No. 472/1997; Legislative Decree No. 74/2000, except for Articles 21-bis and 21-ter; and Articles 1 to 4 of Legislative Decree No. 87/2024. Articles 19 and 22 of Legislative Decree No. 472/1997, on enforcement of penalties, charges on real property and precautionary attachment, cease to apply on the same date under the consolidated Act on tax litigation (Legislative Decree No. 175 of 14 November 2024).
Article 2 of the consolidated Act reproduces Article 3 of Legislative Decree No. 472/1997: no one may be penalised except under a law in force before the violation; no penalty applies to conduct that a later law no longer treats as a violation; where successive laws provide for different penalties, the more favourable one applies, unless the penalty decision has become final. Article 5 of Legislative Decree No. 87/2024 remains in force, so the penalties reformed in 2024 apply to violations committed on or after 1 September 2024. In our view the relocation of the provisions does not extinguish earlier violations: the consolidated Act carries over the definitions of those violations, and Article 101, paragraph 3, redirects old references to the corresponding provisions.
There is, however, no general transitional rule for assessment proceedings and assessments by agreement (accertamento con adesione) pending on 1 January 2027. The new location of the assessment rules is explained in our article on the consolidated Act on tax compliance and assessment; the draft corrective decree given preliminary approval by the Council of Ministers on 13 October 2026 may still amend individual articles.
Not in substance: Article 14 of the consolidated Act reproduces the reductions in Article 13 of Legislative Decree No. 472/1997, with relettered points and references updated to the new assessment rules.
The law in force when the violation was committed applies; a later law prevails only if it is more favourable and the penalty decision has not become final (Article 2, paragraphs 1 and 3).
No: from 2027 Legislative Decree No. 74/2000 will be repealed, except for Articles 21-bis and 21-ter, and the offences will be in the criminal part of the consolidated Act; failure to file, for example, will be in Article 77.
Legislative Decree No. 173 of 5 November 2024, consolidated Act on administrative and criminal tax penalties, Articles 2, 13, 14, 27, 30, 38, 77, 101 and 102 (from 1 January 2027)
Legislative Decree No. 472 of 18 December 1997, Articles 3, 12, 13, 19 and 22 (text in force on 12 November 2026)
Legislative Decree No. 471 of 18 December 1997, Articles 1, 5 and 13 (text in force on 12 November 2026)
Legislative Decree No. 74 of 10 March 2000, Article 5, and Criminal Code, Article 2
Legislative Decree No. 87 of 14 June 2024, Article 5
Legislative Decree No. 175 of 14 November 2024, consolidated Act on tax litigation
Decree-Law No. 200 of 31 December 2025, converted into law by Law No. 26 of 27 February 2026, Article 4
Council of Ministers, press release No. 192 of 13 October 2026
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