Acquisto di crediti d'imposta derivanti dal superbonus e riserva di attività finanziaria ex art. 106 T.U.B.: una "liberalizzazione" implicita e a tempo determinato?

This essay analyses the issues that arise with regard to the purchase of superbonus tax credits pursuant to article 121 of the Law Decree n. 34, 19 May 2020. In particular, the systematic purchase of superbonus tax credits should be regarded as a credit and financial activity reserved to banks and financial intermediaries pursuant article 106 of the Consolidated Law on Banking. The author carries out some considerations about the possibility for natural persons and enterprises other than banks and financial intermediaries to purchase superbonus tax credits, through a broad interpretation of the relevant rules. Lastly the author also insists on the need for a precise clarification by the Italian legislator on the subjective scope of application of the article 121.