Biennial Preventive Agreement 2025–2026: opportunities and risks for businesses

The tax reform has confirmed and extended the institution of the Biennial Preventive Agreement (CPB) also for the two-year period 2025–2026, strengthening its role as a compliance and tax planning tool.

This is an innovative measure, which allows businesses and professionals to agree in advance with the Agenzia delle Entrate (Italian Revenue Agency) on taxable income and related taxes for two years, obtaining certainty and stability.

WHAT IS THE BIENNIAL PREVENTIVE AGREEMENT

The CPB allows for the “crystallization” of the taxable income agreed upon with the Agenzia delle Entrate.

In practice:

• If you adhere, for two years your taxes are determined based on the established income;
• The Agency cannot assess a different income, except in cases of fraud or serious violations;
• You therefore obtain fiscal certainty and less exposure to controls.

INNOVATIONS OF THE 2025–2026 REFORM

The amendments approved in 2025 have introduced important innovations:

1. Extension of the audience: businesses and professionals subject to ISA (Synthetic Reliability Indicators), with revenues up to 5.16 million, can adhere. Those under the flat-rate regime (forfettari) are excluded.
2. Special regularization (ravvedimento speciale) 2019–2023: those who adhere to the CPB can regularize past years with reduced penalties, strengthening compliance.
3. Adherence deadline: by September 30, 2025, using a telematic model prepared by the Agency.
4. Tax benefits: certainty on income and taxes, reduction of the risk of assessments, greater solidity in relations with banks and investors.
5. Causes of forfeiture: exclusion if payments are not respected or if serious violations emerge.

ADVANTAGES

• Stability and predictability of the tax burden for two years.
• Reduction of the risk of assessments and disputes.
• Improvement of the fiscal rating and reliability towards banks, partners, and investors.
• Possibility to close previous tax positions with the special regularization (ravvedimento speciale).

RISKS AND CRITICAL ISSUES

• If the real income is lower than the agreed income, the company will still pay more.
• Adherence is binding for two years, with no possibility of renegotiation if the market deteriorates.
• Some taxpayers are excluded (forfettari (flat-rate regime taxpayers), those with serious violations).
• The Agency retains control powers in cases of fraud or irregularities.

THE ROLE OF LEGAL AID

The CPB is not an automatic choice: it must be carefully evaluated based on the economic situation and business prospects.

Legal Aid assists businesses and professionals with:

• Preventive analysis of the convenience of the CPB;
• Evaluation of criminal-tax risks (Legislative Decree 74/2000);
• Support regarding liability 231;
• Defense in case of tax or criminal disputes.

CONCLUSION

The Biennial Preventive Agreement 2025–2026 is an important opportunity for tax planning and legal certainty, but it hides pitfalls for those who adhere without accurate analysis.

The key is to transform it into a conscious governance tool, capable of ensuring stability and reducing legal and reputational risks.