Hyper-Depreciation 2026: decree signed, but the wait is not over yet

Five months after the Budget Law 2026 came into force, Italian companies are still sitting in the waiting room. The implementing decree for the hyper-depreciation was indeed signed on 4 May by Ministers Urso (MIMIT) and Giorgetti (MEF), but it has not yet been published in the Official Gazette. And without that step, the measure is not operational.

This is not a minor bureaucratic detail: until the official publication, some provisions could still be modified. The regulatory framework is therefore still technical, not definitive.

A longer-than-expected process

The Budget Law 2026 set the deadline for adopting the implementing decree by the end of January. Months have passed and the delay has accumulated for various reasons: first the controversy over the so-called made in Europe clause, which would have limited eligible goods to those produced in the European Union, then the technical revisions between the two ministries.

With the signature of 4 May, the text completed the inter-ministerial phase and the measure was published on the website of the Department for the Government Programme. But before companies can submit their application, several steps are still missing:

1. The endorsement of the Court of Auditors
2. Publication in the Official Gazette
3. The MIMIT directorial decree with forms and official opening of the GSE IT platform

According to ministerial forecasts, the opening of reservations could take place by the first days of June 2026, but the accumulated delays call for caution. Companies would do well not to wait until the last moment to organise their documentation.

What the decree says: the most relevant changes

Based on advance information about the signed text — to be considered still subject to confirmation — the decree introduces some variations compared to previous drafts, two of which are particularly penalising for certain categories of investors.

SaaS and cloud software: outside the scope

One of the most discussed changes concerns software accessed via cloud (SaaS): previous drafts had left the door open to a more inclusive interpretation, but the signed text explicitly excludes them from the eligible scope. For companies that were planning investments in cloud subscription platforms, this substantially changes the calculations.

On the other hand, on-premise or hybrid software remains eligible, provided it is consistent with the 4.0 requirements set out in the legal annexes.

Five mandatory communications to the GSE

The second significant change concerns the administrative procedure. The decree introduces five mandatory communications to be sent to the Energy Services Manager (GSE), one more than what was envisaged in the initial drafts. The addition — requested by the State Accounting Office — consists of a year-end communication for the purpose of monitoring resources used.

The process therefore becomes more structured and requires careful planning from the early stages of the investment project.

The rates and the time window

In terms of rates, the structure remains as established by the Budget Law 2026:

The thresholds are to be understood on an annual basis and not three-year — an important clarification for multi-year investment planning. The time window covers investments made between 1 January 2026 and 30 September 2028.

It should be remembered that hyper-depreciation is not a tax credit: it is an extra-accounting surcharge on the depreciable cost, deductible for IRES/IRPEF purposes only, excluding IRAP. The benefit does not translate into a direct refund, but into a reduction of the taxable base over time.

What companies should do now

Despite operations not yet having started, waiting is not the right strategy. The time between now and the opening of the GSE platform is valuable for:

• Verify project consistency with the technical annexes of the law (Annexes IV and V of Law 199/2025)
• Define the investment completion date according to the criteria of art. 109 of the TUIR (what counts is delivery or shipment of the asset, not just the order)
• Prepare the documentation file: contracts, orders, invoices, technical data sheets, interconnection architecture, testing reports and technical expert report
• Involve the technology supplier in defining the factory architecture, so as to ensure the design consistency required by the decree

The role of MES in this scenario

Among the technologies that best align with the philosophy of the decree, MES (Manufacturing Execution System) systems occupy a prominent position. This is not generic administrative software, but a digital infrastructure that connects machines, operators, departments and management systems in a single information flow.

This nature — real-time data collection, certifiable interconnection, production traceability — directly responds to the substantial requirements needed to access the incentive. And once the incentive period ends, the value of the MES does not expire: the data infrastructure built continues to generate competitive advantages in terms of efficiency, quality and cost control.

The first step is a conversation. Contact us to find out how to turn the 2026 hyper-depreciation into a lasting competitive advantage. 

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Article sources: Informazione Fiscale, PMI.it, EC News, Finanza & Fisco, Confindustria Aquila, Lente Pubblica — updated as of 25 May 2026.