
Italy's 2023 Budget Law has changed the way IMU rates are published and made effective, which until now were considered tacitly confirmed from year to year. With the new rules, this will no longer be the case, which is causing concern in Italian municipalities. Part of Italy's most recent tax reforms, this is what will happen from now on and how the procedure for approving and publishing municipal IMU rates will be changed.
According to Law 296/2006, municipal IMU rates in Italy are intended to be extended from year to year in the absence of a different resolution by the deadline. The new Budget Law, however, states that municipalities that want to diversify the rates must refer to special prospectuses approved by ministerial decree.
However, the prospectus for 2023 has not yet been approved by the ministry, so a resolution of municipal rates according to the new rules will not be possible if such a resolution does not take place in time. In this case, reference will have to be made to the rates valid for 2022.
In fact, paragraph 169 of Law 296/2006 provides that in the absence of a resolution, the last validly approved rates will be applied; however, in the future, if the new rates set by the ministerial prospectus are not adjusted, the basic municipal tax rates will have to be applied, with possible negative repercussions on municipal budgets.