Italy’s Revenue Agency has confirmed that companies operating in the Single Economic Zone (ZES Unica) can claim the 2026 regional tax credit for equipment acquired through leasing, even where the lease was signed and the asset delivered before the mandatory advance notification.
The Italian Revenue Agency announced the issuance of Response no. 169 on 3 September 2026, in which it ruled that companies operating within the Single Economic Zone (ZES Unica) can claim the regional tax credit for equipment leased in 2026 even when the contract was signed and the asset delivered before submitting the mandatory advance notification.
The ruling addresses a practical gap between the compliance timeline and actual investment execution.
Under the Revenue Agency’s procedure notice of 30 January 2026, companies must file preliminary notifications between 31 March and 30 May each year, listing expenses already incurred from 1 January forward as well as planned expenditures through the year-end. A follow-up supplementary notification then comes due between 3 -17 January 2027.
The timing conflict
A construction firm with operations in a ZES municipality leased production equipment in February 2026—before filing its required March-May notification. The lease contract had been signed and the asset placed in service ahead of any formal advance notice to the tax authority.
The company questioned whether this sequence violated EU eligibility rules, particularly the “incentive principle” in EU Regulation No. 651/2014 (General Block Exemption Regulation, or GBER), which bars projects started before an aid scheme takes effect.
What the Agency ruled
The Revenue Agency confirmed that the investment is eligible. The ZES Unica tax credit, introduced under Article 16 of Legislative Decree no. 127/2023 and extended through 2026–2028 by successive budget laws, had been continuously in force when the February 2026 lease occurred.
The operative decree—issued by the Minister for European Affairs, Southern Italy, Cohesion Policies, and National Recovery and Resilience Plan on 17 May 2024 in consultation with the Finance Ministry—already governed the incentive when the company signed the contract.
The Agency applied the GBER definition of “project start,” which occurs when a first legally binding commitment to order goods is made, or any act is taken that makes investment irreversible.
For leasing, this happens when the asset becomes available to the lessee. Because the incentive measure itself was already active, the investment is deemed to have begun after the aid scheme took effect and therefore satisfies the incentive principle.
Practical effect
Companies can now claim the ZES Unica tax credit for 2026 investments made via operating leases, provided all other statutory requirements are met. Neither the signature date of the lease agreement nor the delivery date of the equipment prevents access to the benefit if the broader incentive framework was already in place.
The requirement to file advance notification remains mandatory, but timing misalignment with actual investment execution no longer disqualifies the credit.
