Italy Facing the Second Wave of COVID-19: DL Ristori and DL Ristori-bis

The epidemiological situation in Italy is not getting any better and for this reason, on November 10th, the Minister of Health, Mr. Roberto Speranza, issued an Ordinance to modify the regional areas of risk. The areas have been divided as follows:

– Yellow Zone: Campania, Emilia Romagna, Friuli Venezia Giulia, Lazio, Marche, Molise, Autonomous Province of Trento, Sardinia, Veneto;

– Orange Zone: Abruzzo, Basilicata, Liguria, Puglia, Sicily, Tuscany, Umbria;

– Red Zone: Calabria, Lombardia, Piemonte, Valle d’Aosta, Autonomous Province of Bolzano.

As for the first wave, the spread of COVID-19 has also impacted the economic environment, which is affected by uncertainty and closures aimed at protecting the health of citizens. This need has prompted the Government to adopt new economic measures to support the most affected workers and productive sectors. These measures have been included in two different Decree-Laws: the Ristori Decree of October 28th 2020 (hereinafter “DL Ristori”), n. 137 and the Ristori bis Decree of November 9th 2020 n. 149 (hereinafter “DL Ristori-bis”).

Both decrees employ a substantial number of sums, approximately 7.5 billion euros, which are largely intended to provide non-refundable contributions to the most vulnerable categories in the economic environment.

The DL Ristori, in fact, establishes an economic contribution (the value of which will depend on the areas in which the applicant operates and will not exceed 150.000 euro) directed at entrepreneurs, as long as the amount of the turnover of the month of April 2020 is less than two thirds of the amount of the turnover of the month of April 2019.   The list of beneficiaries also includes companies with a turnover greater than 5 million euros (with a refund equal to 10% of the decrease in turnover). For those who have registered for VAT within the period from the 1st of January 2019 to the 25th of October 2020, the contribution is payable even in the absence of the turnover conditions. The DL Ristori-bis has expanded both those who may benefit from the contribution and the amount of the contribution.

With regard to employees, the DL Ristori has prepared a further 6 weeks of ordinary wages guarantee fund, special wages guarantee fund, and other allowances. The companies and employers identified by DL Ristori that have already exhausted the measure provided by the August Decree, will be able to benefit in the period between November 16th, 2019 and January 31st, 2021. It should be noted that the granting of the 6 week redundancy fund is free for employers who in the first half of 2020 have suffered a reduction in turnover of 20% or more compared to the same period in the previous year. In other cases, the law provides for an additional compulsory contribution ranging between 9% and 18%.

Finally, the Decree-Laws extends the blockage of layoffs until January 31st, 2021.

In addition, both the DL Ristori and the DL Ristori bis also affect the fiscal plan, suspending the payment of VAT amounts for the month of November, canceling the payment of the second installment of the IMU for the categories affected by the restrictions.