The tax authorities have clarified that it is possible to notify the competent tax office with respect to the transfer of a VAT refund entitlement only if the related refund application has been duly filed.
The tax authorities confirmed that, even if the transfer of a VAT refund entitlement before it has been claimed may be valid under civil law, the transfer becomes relevant for tax purposes only if the taxable person submitted the required refund application.
In addition, the tax authorities clarified that zero-rated supplies of goods introduced into a VAT warehouse, falling within the scope of application of article 50-bis(4)(c) of Law Decree No. 331 of 30 August 1993, cannot be taken into consideration when verifying whether a business wholly or mainly makes taxable supplies at a lower VAT rate than that charged on its purchases.
Source Agenzia Entrate
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