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Clarification of the Revenue Agency regarding the sanctioning regime in the event of VAT incorrectly charged on the invoice – Resolution no. 51/2021

On 3 August, through the publication of Resolution no. 51, the Revenue Agency has provided clarifications regarding the scope of application of art. 6, paragraph 6, legislative decree n. 471/1997, pursuant to which “whoever unlawfully calculates as a deduction the tax paid, owed or charged to him by way of compensation, is punished with an administrative sanction equal to ninety percent of the amount of the deduction made. In case of application of the tax to an extent greater than the actual one, erroneously paid by the transferor or lender, without prejudice to the right of the transferee or customer to deduct pursuant to articles 19 and following of the decree of the President of the Republic October 26, 1972, n. 633, the aforementioned transferee or client is punished with an administrative sanction of between € 250 and € 10,000. The refund of the tax is excluded if the payment took place in a context of tax fraud “.

Source PwC

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