First-year depreciation: statutory references and tax rules

Contenido

The depreciation of tangible and intangible assets is a fundamental aspect of corporate accounting and tax management, as it allows the cost of a fixed asset to be allocated over time, progressively reducing the carrying amount of the asset and thereby affecting the income statement. In the context of first-year depreciation, it is necessary to refer to specific provisions, such as the Italian Civil Code (art. 2426), the TUIR (Consolidated Income Tax Act, art. 102), and the OIC (Italian Accounting Standards), in particular OIC 16.

According to OIC 16, paragraph 61, depreciation of an asset begins when the asset is available and ready for use. This principle is also applied by Article 102, paragraph 1, of the TUIR, which provides that the depreciation charges for tangible fixed assets are deductible starting from the fiscal year in which the asset enters into operation. In practice, depreciation starts from the moment the asset is actually usable for the conduct of the business, and not from the purchase date.

An important aspect to consider concerns the determination of the first depreciation charge. Article 102, paragraph 2, of the TUIR provides that the deductible depreciation for the first fiscal year is reduced by half. This means that for assets purchased and put into operation during the year, the initial depreciation must be calculated by applying only half of the normal rate.

OIC 16, paragraph 61, confirms this calculation method, specifying that the reduction of the depreciation charge is acceptable provided that the result does not differ significantly from what would be obtained by calculating depreciation from the moment the asset is available for use. Moreover, for statutory accounting purposes, it is possible to calculate the depreciation charge on a prorata temporis basis, that is, by considering the period of use of the asset during the year.

The tax treatment of depreciation also concerns intangible assets. Article 102 of the TUIR provides specific guidance for calculating the amortization charges relating to intangible assets. Therefore, tax deductions are limited to specific percentages, with clearly defined limits, without the possibility of using the prorata temporis method.

Fecha
Habla con nuestros expertos