• Sat. Nov 27th, 2021

Pensions 100 and 102: occasional work, is it possible?


Nov 25, 2021

The Quota 100 option is a type of early retirement, which can be obtained on an experimental basis as long as the requirements for the treatment have matured by 31 December 2021. Introduced on an experimental basis by the decree on Citizenship Income and Pensions, it is a facilitated social security benefit reminds laleggepertutti.it. Many wonder if this treatment can be combined with income from work. The same question arises in relation to the new Quota 102 pension, envisaged in the 2022 Budget Bill. In other words, can you work with the Quota 100 and 102 pension pensions? The law provides that the Quota 100 pension cannot be combined with income from employment or self-employment from the first day of treatment and until reaching the age for the ordinary old-age pension, currently equal to 67 years. On the other hand, only income deriving from occasional self-employment, limited to 5 thousand euros gross per year, is cumulative. For the beneficiaries of Quota 100, in the period between the commencement of the treatment and the completion of the retirement age for the old-age treatment, there is an obligation to submit an income tax return to INPS, in the event that they receive income of work incumulable with retirement. The return must also be presented in the event that the income is irrelevant for the purposes of the prohibition of accumulation, or deriving from work activities carried out in periods prior to the commencement of the service and must be sent to INPS using the new AP139 form, or the AP140 form. to be attached to the pension application. Quota 100 requirements Quota 100 pension is recognized by INPS if the following conditions are met: a minimum age of 62 years; a minimum of 38 years of contributions, credited to one of the managements administered by INPS; the cessation of subordinate employment. To obtain the contribution requirement, contributions credited to different social security administrations can be combined, as long as they are administered by INPS. Those enrolled in the compulsory general insurance and some replacement funds can obtain the Quota 100 pension only if in possession of 35 years of contributions, net of any periods of compensated unemployment, illness or accident not integrated. Quota 100 pension requires waiting for a period, called window period, equal to: 3 months, for the majority of private sector workers, employees and self-employed; 6 months, for the generality of public employees (for these workers it is also necessary to provide a minimum notice of 6 months to the administration to which they belong). The treatment starts, as is the case for all pensions, from 1st September for school staff and from 1st November for Afam staff. Since the Quota 100 pension is an experimental measure, only those who meet the requirements by 31 December 2021 can access it (the effective date of the pension can also be achieved subsequently, as the crystallization of the requirements applies). Non-cumulative income with the pension Quota 100 The Quota 100 pension treatment, until reaching the age set for obtaining the ordinary old-age pension, cannot be combined with the receipt of income from employment, both subordinate and self-employed, with the exception of: income expressly provided as non-influential; of the remuneration deriving from the performance of occasional self-employment activities, within the limits of 5 thousand euros per year. Self-employment income Self-employment income is considered to be income that refers to a work activity without a bond of subordination, regardless of how it is declared for tax purposes. Income from self-employed and business work includes: – gross of withholding taxes, in simple terms of taxes; – net of social security and welfare contributions due to INPS. The Quota 100 pension is also not cumulative with the receipt of agricultural income. Here are some examples of incomes relevant for the purposes of incumulability with the pension quota 100: remuneration received for the exercise of arts and professions; business income related to work activities; shareholdings in profits deriving from joint venture agreements, in cases where the contribution is constituted by the performance of work; if no working activity is carried out, the interested party can declare that he is a shareholder who participates with capital, without carrying out working activity; in this case, the income earned is considered by INPS as capital income, therefore cumulative with the pension benefit; Copyright; patents. Income cumulative with Quota 100 Income, on the other hand, is irrelevant for the purposes of non-accumulation with the pension quota 100: allowances for elected public offices; income deriving from socially useful activities carried out in the context of programs for the reintegration of the elderly; compensation in lieu of notice; business income not related to work activities; shareholdings in profits deriving from joint venture agreements without contribution of work; the remuneration received for exercising the priestly function; allowances received for exercising the function of justice of the peace; the indemnities received by the aggregate honorary judges for the exercise of their functions or for the exercise of the function of tax judge; allowances received for travel and missions outside the municipal area; reimbursement of travel, transport and accommodation expenses; reimbursement of food expenses that do not contribute to form the taxable income; compensation for the cessation of commercial activity. When should the Quota 100 return be sent? The beneficiaries of the Quota 100 pension, if they have not yet reached the retirement age and if they receive income from work, are obliged to send an income tax return to INPS, using the new form ‘AP139’, which can be downloaded from Forms section of the institution’s web portal. The form can be sent via patronage or online, by logging in with your credentials to the service for the citizen ‘Application for variation of pension benefits -> Reconstitutions / Supplements’. The declaration must be sent by those who receive or plan to receive: income from self-employment or employee incumulable with the pension quota 100; incomes from occasional self-employment over 5 thousand euros gross per year; income from work expressly provided as not influencing for the purposes of the prohibition of accumulation with the pension; income deriving from working activities carried out before the start of the pension quota 100: in this case the period in which the working activity was carried out must also be indicated, to prevent INPS from suspending the treatment. The form can also be sent at the same time as the pension application: in this case, the form ‘AP140’ must be used. Suspension of the pension Quota 100 for those who work As noted, for those under 67 who receive income from work that cannot be accumulated with the quota 100, the pension treatment is suspended. For the suspension of the Quota 100 pension to occur, however, the mere carrying out of a working activity is not sufficient, as the retiree, in addition to carrying out the work activity, must collect incumulable income with the pension deriving from the working activity turning point. In practice, if the perception of any income does not derive from the work activity, the suspension of the pension does not occur. If the pensioner under 67 receives incumulable income after the start of the Quota 100 pension, the benefit is suspended: for the entire year of income production; for part of the year, if in the same year the person concerned reaches the age for the ordinary old-age pension, ie 67 years. If the income produced derives from an occasional self-employment activity, the pension is suspended if the gross remuneration exceeds 5 thousand euros per year: for the purposes of the ceiling of 5 thousand euros, all the remuneration of occasional self-employment received during the year is taken into account, even if received before the start of Quota 100. Pension Quota 102 The Quota 102 pension is the treatment that, from 2022, “replaces” the quota 100. It can be obtained with: a minimum of 64 years of age; at least 38 years of contributions; provided that both requirements are completed by 31 December 2022. The same provisions valid for the 100 quota apply to the 102 quota pension, regarding the possibility of working in constant perception of the treatment.

One thought on “Pensions 100 and 102: occasional work, is it possible?”
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