On 5th november 2019, Alberto Trabucchi and Pierpaolo Lipardi have published a new article in the review “Corriere Tributario” which explains important developments introducted by the ministerial decree of 5 august 2019 (c.d. “IFRS 16 decree”) regarding the coordination between the rules for determining corporate tax base and the international accounting standard IFRS 16.

More particularly, this paper is focused on the ministerial decree which is the fiscal recognition of the distinction between the leases that transfers ownership of the underlying asset to the lessee by the end of the lease term (or if the cost of the right-of-use asset reflects that the lessee will exercise a purchase option) and the other leases: in the first case the decree applies at the right-of-use assets the same tax treatment of its underlying asset; in the second case, instead, the depreciation of ROU assets is deducted under article 103(2) TUIR with reference to the lease’s “accounting terms”.