The European Supervisory Authorities (EBA, EIOPA and ESMA – the ESAs) launched today a public consultation on the first batch of policy products under the Digital Operational Resilience Act (DORA). 

This includes four draft regulatory technical standards (RTS) and one set of draft implementing technical standards (ITS). These technical standards aim to ensure a consistent and harmonised legal framework in the areas of ICT risk management, major ICT-related incident reporting and ICT third-party risk management. The consultation runs until 11 September 2023. The Digital Operational Resilience Act (DORA), which entered into force on 16 January 2023 and will apply from 17 January 2025, aims to enhance the digital operational resilience of entities across the EU financial sector and to further harmonise key digital operational resilience requirements for all EU financial entities. This regulatory framework covers key areas such as ICT risk management, ICT-related incident management and reporting, digital operational resilience testing and the management of ICT third-party risk. DORA commissioned the ESAs to jointly develop 13 technical standards.

Those covered by this consultation are as follows:

  1. RTS on ICT risk management framework and RTS on simplified ICT risk management framework;
  2. RTS on criteria for the classification of ICT-related incidents;
  3. ITS to establish the templates for the register of information;
  4. RTS to specify the policy on ICT services performed by ICT third-party providers.
Realised capital gains and other income realised through transactions in crypto-assets are taxable, in the case of natural persons, non-commercial entities, simple and equivalent companies, and non-resident persons without a permanent establishment in the territory of the State, where the income is deemed to have been produced in the same territory pursuant to Article 23 TUIR, as miscellaneous income and subject to taxation at the same rate of 26% applicable to financial assets.
 
For persons who held crypto-assets as of 1 January 2023, the possibility of restating the cost or purchase value is granted, provided that such value is subject to substitute income tax at the rate of 14% with the payment of the full amount or the first instalment by 30 September 2023 instead of 30 June 2023.
 
Moreover, the Circular of the Agenzia delle Entrate underlines how the Budget Law 2023 provides for the possibility of sanctioning cases of violations of tax monitoring obligations related to the failure to indicate in the RW panel the holding of crypto-assets and/or who have not declared the income from them.
 
Finally, a special regime for the stamp duty on reports involving crypto-assets, defined at the rate of 2 per thousand per annum of the relative value, as well as for the tax on the value of crypto-assets held by domestic residents, is also envisaged.
 
The public consultation will end on 30 June 2023.