The tax credit recognised for research and development investments can only be used as compensation and therefore cannot be claimed back. Consequently, it cannot be sold pursuant to Article 43-bis of Presidential Decree no. 602 of 29 September 1973: this was specified by the Revenue Agency in its reply to the request for appeal no. 72 of 8 March 2019.
In this document, it was also pointed out that the institution in question is not even applicable to the assignment of credits under art. 1260 of the Civil Code, under which the creditor may transfer his credit for a consideration or free of charge, even without the consent of the debtor, provided that the credit is not strictly personal or the transfer is not prohibited by law: in this regard, the Agency clarifies that the rules governing credit for research and development do not contain any reference to the aforementioned art. 1260 c.c.
