Pillar Two: The First Reporting Obligations Begin in 2026
Knowing good advice A distanza di oltre un anno dall’entrata in vigore delle nuove regole sulla tracciabilità dei pagamenti, è opportuno fare il punto sugli adempimenti che interessano imprese, amministratori, dipendenti e professionisti. Le modifiche introdotte dal D.Lgs. 192/2024 e dalla Legge di Bilancio 2025, successivamente chiarite dall’Agenzia delle Entrate con la Circolare n. 15/E del 22 dicembre 2025, hanno cambiato in modo significativo la gestione delle note spese e dei rimborsi, introducendo un principio destinato ad incidere concretamente sulla deducibilità dei costi e sulla fiscalità dei percipienti: non è più sufficiente documentare la spesa, ma occorre anche dimostrare che il pagamento sia stato effettuato con strumenti tracciabili. Trasferte: attenzione a vitto, alloggio, taxi e NCC Le disposizioni riguardano principalmente le spese sostenute in Italia durante trasferte e missioni, quali alberghi, ristoranti, taxi e servizi NCC. Le spese sostenute all’estero possono essere pagate in contanti senza comprometterne la deducibilità Quando tali costi sono anticipati da dipendenti o amministratori e successivamente rimborsati dall’azienda, il pagamento deve risultare effettuato mediante strumenti tracciabili, come carte di credito, bancomat, bonifici o applicazioni di pagamento elettronico. In mancanza di tale requisito, il rimborso potrebbe concorrere alla formazione del reddito del percipiente e il relativo costo potrebbe risultare indeducibile per l’impresa. Rimangono invece esclusi dall’obbligo di tracciabilità i trasporti effettuati con mezzi pubblici di linea, quali treni, metropolitane e autobus, parcheggi, rimborsi chilometrici, rimborsi forfettari Omaggi-Spese di rappresentanza: il contante diventa un rischio fiscale La stessa attenzione deve essere posta agli omaggi, alle spese di rappresentanza, come pranzi con clienti, eventi promozionali, ospitalità e iniziative commerciali. Dal 2025, oltre al rispetto dei requisiti di inerenza e congruità previsti dal TUIR, il pagamento deve risultare tracciabile per consentire la deducibilità della spesa. Lo scontrino o la fattura, in assenza della prova del pagamento tracciato, non sono più sufficienti se il pagamento è stato effettuato in contanti. Professionisti: cambia il regime dei riaddebiti Le novità interessano anche i lavoratori autonomi. Dal 2025 i rimborsi analitici delle spese sostenute dal professionista nell’esecuzione dell’incarico e addebitate al cliente non concorrono più alla formazione del reddito professionale. Di conseguenza, le medesime spese non risultano deducibili per il professionista che le ha sostenute se successivamente sono riaddebitate al committente in fattura in modo analitico Anche in questo caso la corretta documentazione e la prova della modalità di pagamento assumono un ruolo centrale nella gestione fiscale delle spese. Le verifiche che conviene fare nel 2026 A un anno dall’entrata in vigore delle nuove regole, imprese e studi professionali dovrebbero verificare che le proprie procedure interne prevedano: utilizzo prioritario di strumenti di pagamento tracciabili per trasferte e spese di rappresentanza; conservazione non solo del documento fiscale, ma anche della prova del pagamento tracciato; adeguate procedure per la gestione delle note spese di dipendenti e amministratori; corretta fatturazione (gestione) dei riaddebiti di spese ai clienti da parte dei professionisti. A oltre un anno dall’entrata in vigore delle nuove disposizioni, emerge con chiarezza che il tema centrale non è più soltanto la documentazione della spesa, ma anche la tracciabilità del relativo pagamento. Un adempimento apparentemente operativo che può incidere in modo significativo sulla deducibilità dei costi, sull’imponibilità dei rimborsi e, più in generale, sulla corretta determinazione del reddito d’impresa e di lavoro autonomo. Data di pubblicazione Autore Aree di attività Assistenza Fiscale (12) Assistenza Legale (2) Assistenza Societaria (1) Consulenza del lavoro (7) Kreston-TDL (1)
Corporate Welfare and Fintech Solutions: Key Requirements Clarified by the Italian Corporate Welfare Association’s Circular No. 1/2026 1/2026
Knowing good advice Driven in part by developments in collective bargaining—most notably the recent renewal of the National Collective Labour Agreement (CCNL) for the Metalworking Industry and Plant Installation Sector—the corporate welfare market continues to evolve towards increasingly digital and flexible solutions. Against this backdrop, Technical Circular No. 1/2026 issued by the Italian Corporate Welfare Association (AIWA) revisits an issue that frequently gives rise to uncertainty when welfare benefits are managed through payment cards or digital wallets. The Circular clarifies that the mere fact that a merchant is equipped with a POS terminal is not sufficient to ensure compliance with the applicable tax legislation, particularly Article 51(3) of the Italian Income Tax Code (TUIR). The Circular replaces the previous AIWA Circular No. 4/2024, incorporating the guidance provided by the Italian Revenue Agency in Advance Tax Ruling (Interpello) No. 5/2025, and reflects the conclusions reached during a series of technical working groups held throughout 2025. What Are “Fintech Solutions” in Corporate Welfare? Within the corporate welfare framework, fintech solutions refer to technology-based financial applications that enable employees to access and spend their welfare credits through modern, fully traceable payment instruments, such as: digital wallets, debit or prepaid cards and payment applications operating on widely accepted payment networks. The Circular confirms that these solutions may qualify for the favourable tax treatment provided under Italian law, provided they comply with a number of specific structural requirements.It also warns that treating welfare benefits merely as an alternative payment method risks undermining their social purpose, transforming them into instruments designed primarily to achieve tax savings rather than to promote employees’ well-being. Mandatory Technical Requirements for Fringe Benefits Compliance with the applicable tax regime requires that all of the following conditions be satisfied simultaneously: Restricted payment network and prior merchant agreement: welfare credits must be spendable exclusively at merchants that have entered into a prior commercial agreement with the welfare provider. The presence of a POS terminal alone is insufficient. Merchants must be formally included in the provider’s authorised network, and employees must have access to the list of participating merchants, whether through printed materials, electronic platforms or mobile applications with geolocation features.No services may be provided outside this authorised network. No combination with personal funds: employees must not be permitted to combine welfare credits with their own money within the same transaction when using the same payment instrument, whether a card or a digital application. Absolute prohibition on cash transactions: the payment instrument must not allow cash withdrawals, cash deposits, transfers to third parties or cash reimbursements under any circumstances. Personal and non-transferable nature: the welfare instrument must be issued to a specific employee, may not be transferred to another person and cannot be sold or otherwise commercialised. Issuance prior to use: the entitlement document or voucher must be issued before the benefit is redeemed or used. Retrospective generation of vouchers after the transaction has taken place is not permitted. Accounting and Administrative Requirements: the Circular further clarifies that merchants must be able to identify each transaction as being made through a welfare voucher issued pursuant to Article 51(3) of the TUIR, clearly distinguishing it from an ordinary monetary payment.In addition, welfare providers are required to implement dedicated accounting procedures enabling client companies to correctly record these transactions in their financial statements. Practical Considerations Companies that currently provide, or are considering introducing, voucher cards, prepaid welfare cards or fintech-based digital wallets as part of their employee welfare programmes should carefully verify with their chosen provider that the proposed solution fully complies with all of the requirements outlined above.Given the complexity of the applicable tax, corporate and employment law rules, businesses should also seek appropriate professional advice to assess the administrative and legal implications of their welfare programmes and to ensure that they are structured in a manner that is both fully compliant and capable of delivering sustainable long-term benefits for employees. Date of publication Author Areas of activity Assistenza Fiscale (11) Assistenza Legale (2) Assistenza Societaria (1) Consulenza del lavoro (5) Kreston-TDL (1)
Workplace Surveillance Cameras: Balancing Employer Monitoring and Employee Privacy
Knowing good advice Technological developments have profoundly transformed the modern workplace, introducing surveillance systems and monitoring technologies that, while enhancing operational efficiency and workplace security, also raise significant concerns regarding the protection of employees’ privacy. Striking the right balance between an employer’s right to monitor business activities and employees’ fundamental privacy rights has become one of the most challenging issues in contemporary employment law. The legal framework governing remote monitoring is primarily set out in Article 4 of the Italian Workers’ Statute, a cornerstone provision that must now be interpreted in conjunction with the General Data Protection Regulation (GDPR) and the broader rules governing the processing and protection of personal data. Italian legislation draws a clear distinction between audiovisual systems intended to monitor employees and tools used for work purposes or for recording access to company premises. Surveillance cameras fall within the first category whenever they are capable of monitoring employees’ work performance, even indirectly. In such circumstances, cameras may be installed only where justified by organisational or production needs, workplace health and safety requirements, or the protection of company assets. Their installation, however, requires either a collective agreement with the company trade union representatives (RSU/RSA) or, where no such agreement is reached, prior authorisation from the competent Territorial Labour Inspectorate. Paragraph 3 of Article 4 provides that data collected through these systems may be used for purposes connected with the employment relationship—including disciplinary proceedings—only where employees have been properly informed in advance and the processing complies with the GDPR principles of transparency, data minimisation, proportionality and security. Furthermore, such use must not be expressly prohibited by collective bargaining agreements, internal policies or company regulations. A recent judgment of the Italian Supreme Court (Court of Cassation), issued on 24 November 2025, addressed a particularly significant case involving the disciplinary dismissal of a casino croupier based on CCTV footage allegedly showing the employee misappropriating two €100 banknotes during currency exchange operations. The Supreme Court held the dismissal to be unlawful, ruling that the video recordings could not be relied upon for disciplinary purposes. The Court’s decision was based on the fact that the administrative authorisation, together with the applicable collective agreements, expressly limited the use of the surveillance system to the protection of company assets against unlawful acts committed by third parties, while excluding its use for disciplinary proceedings against employees. This decision highlights an important practical principle: the same surveillance technology may be lawful in principle but become unusable in practice where the relevant authorisation, collective agreement or internal arrangements restrict its permitted purposes or conditions of use. Commitments undertaken by the employer through collective bargaining agreements, internal policies or corporate regulations are legally binding and may render a disciplinary measure unlawful even where all other procedural requirements have been formally satisfied. In conclusion, achieving the appropriate balance between organisational efficiency and the protection of employees’ rights requires not only strict compliance with the applicable legal framework but also consistency between the declared purposes of monitoring systems and their actual use. Once again, the judgment underlines the importance of assessing every aspect of a company’s organisational structure from a holistic perspective, taking into account the potential implications that business decisions may have for the management of human resources. Date of publication Author Areas of activity Assistenza Fiscale (11) Assistenza Legale (2) Assistenza Societaria (1) Consulenza del lavoro (5) Kreston-TDL (1)
Tax Control Framework and collaborative compliance: the New Frontier of Tax Compliance
Knowing good advice In recent years, the relationship between businesses and the tax authorities in Italy has been profoundly redefined by a series of legislative measures aimed at promoting transparency and preventing tax risks. The turning point was Legislative Decree 128/2015128/2015, which introduced the collaborative compliance regime, recently updated and expanded by Legislative Decree 221/2023 and Legislative Decree 108/2024. 108/2024. This regime allows companies to establish constant and preventive dialogue with the Italian Inland Revenue Agency, with the aim of resolving tax issues before they turn into disputes. The operating procedures were detailed in the MEF decree dated 6th December 2024, and and in the Revenue Agency provision no. 450193 dated 17th December 2024, which approved the new membership model. Access to this regime, which in the coming years will also be open to medium-sized companies (the threshold will gradually fall from Euro 750 million to Euro 100 million in revenue), requires the organization to have an effective and certified Tax Control Framework (TCF). The TCF is a structured system of internal procedures and controls that allows tax risks to be identified, assessed, and managed in a systematic manner, ensuring the traceability of decisions and transparency vis-à-vis the tax authorities. Operationally, companies wishing to join the regime must equip themselves with a TCF that complies with the guidelines of the Revenue Agency (provision no. 5320 dated 10th January 2025), integrated into the corporate governance system; have the system certified by independent professionals (lawyers or accountants registered with the relevant professional associations, in accordance with MEF Decree No. 212 dated 12th November 2024); prepare an annual report on the functioning of the system to be sent to the management bodies; submit an electronic application for participation using the form approved by the Revenue Agency; maintain transparent and cooperative behaviour, promptly communicating any tax risks identified and responding quickly to requests from the administration. The advantage for those who choose this path is concrete: reduction or exclusion of administrative penalties for risks communicated in time, exclusion of criminal liability for certain violations, shortening of assessment times, and no guarantee obligation for tax refunds. The operational heart of this system is Tax Risk Assessment (TRA), which consists of identifying business processes at risk, mapping tax risks, assessing their probability and impact, and defining control activities and tolerance thresholds. It starts with identifying business processes that may generate tax risks, analysing the most sensitive areas, and building a risk map to guide decisions. For each risk, the probability and impact are assessed, control activities are defined, and the residual risk is compared with the tolerance threshold. This approach not only reduces the risk of errors and penalties, but also improves the quality of processes and the reputation of the company. The regulatory framework is clear: Legislative Decree 128/2015, supplemented by subsequent measures, does not merely introduce obligations, but offers companies an opportunity for dialogue and legal certainty. The simplifications provided for, such as the reduction of assessment terms and the possibility of avoiding penalties and criminal liability in the event of timely communication of risks, represent a concrete incentive. However, to reap these benefits, a serious commitment is required: investing in control systems, training internal resources, and adopting clear and documented procedures. It is not an immediate process, but it is a strategic choice that can make a difference in terms of competitiveness and relations with institutions. Ultimately, the new regulations transform tax risk management from a simple compliance requirement to a strategic lever for competitiveness and corporate reputation, offering companies concrete tools to deal with their relationship with the tax authorities with greater peace of mind and transparency. Those who seize this opportunity will not only reduce risks but will also be able to build a competitive advantage based on trust and the soundness of their processes. Even those who do not formally access the regime can adopt TCF as a best practice, strengthening their governance and preparing for a future in which proactive tax risk management will become increasingly central. Date of publication Author Areas of activity Assistenza Fiscale (9) Assistenza Legale (2) Consulenza del lavoro (3) Kreston-TDL (1)
AI and Workers’ rights: safeguards introduced under Law No. 132/2025
Knowing good advice It’s on everyone’s lips: artificial intelligence has burst into our lives for some time now and is here to stay. It raises expectations of freeing us from the most tedious jobs or making the most complex ones accessible; it opens up new business opportunities, but it also generates illusions, hallucinations, and, above all, fear for the future. In such a scenario, how is the Legislator moving to ensure that AI is used with human beings at its core? With Law No. 132 dated 23rd September 2025 defines the first provisions on the regulation of the use of AI systems. This is the first case in Europe of a national regulatory framework governing the development, adoption, and governance of AI systems in line with the so-called “European AI Act” (EU Regulation 2024/1689). Analysing the parts of greatest interest to the world of work, Article 11 of the law establishes and reiterates that the use of artificial intelligence systems cannot infringe on the inviolable rights of human dignity or violate the confidentiality of personal data. In this regard, the use of artificial intelligence must be characterized by security, reliability, and transparency. To this end, the law requires employers to provide workers with transparent information on the areas of use of artificial intelligence systems, referring to the provisions of Article 1-bis of Legislative Decree No. 152 dated 26th May 1997 (regarding the employer’s obligation to inform workers of the conditions applicable to the contract or employment relationship). The aforementioned 1997 regulation, which has been updated several times over the years, requires employers to provide information on the use of fully automated decision-making or monitoring systems designed to provide relevant information on recruitment, assignment, management, and termination of employment, assignment of tasks or duties, supervision, evaluation, performance, and fulfilment of contractual obligations by workers. In addition, it is important not to underestimate potential “interference” with 300/1970 with Article 4 of Law No. 300/1970 on systems and other tools that allow for the remote monitoring of workers. Finally, the last paragraph of the aforementioned Article 11 stipulates that artificial intelligence in the organization and management of the employment relationship must guarantee compliance with the inviolable rights of workers without discrimination based on gender, age, ethnic origin, religious belief, sexual orientation, political opinions, and personal, social, and economic conditions, in accordance with European Union law. This proposal would seem trivial were it not for the fact that, especially in the past, some artificial intelligence models have been found to reinforce gender stereotypes. To monitor the impact of these new technologies in the labour world, Article 12 establishes a specific observatory within the Ministry of Labour and Social Policies, specifying that the members of this body will not receive any form of compensation. Article 13 focuses specifically on the use of artificial intelligence systems in intellectual professions, reiterating that these must continue to be characterized by the prevalence of intellectual work as the object of the service provided. In conclusion, the implementation of artificial intelligence in one’s company is, perhaps, an essential tool for coping with the race for innovation from a competitiveness perspective, but it is important not to underestimate the impact it may have on labour, intellectual property, privacy, and data protection regulations. Date of publication Author Areas of activity Assistenza Fiscale (9) Assistenza Legale (2) Consulenza del lavoro (3) Kreston-TDL (1)