The Italian Court of Cassation recently issued a ruling (sentenza n. 22996) concerning the recovery of VAT. The key point of the decision is that the qualification of the underlying economic transaction as “imponibile” (taxable) or “fuori campo” (outside the scope of VAT) is crucial for issuing credit notes and requesting VAT refunds.
The court highlighted that under article 26, comma 2 of DPR 633/72, a seller can issue a “nota di variazione” (variation note) when a transaction, for which an invoice was issued, is either fully or partially canceled or its value is reduced. If such a transaction is canceled after being recorded, the buyer must note the change in the invoice register, following articles 23 and 24 of DPR 633/72.
The court emphasized that it is essential to determine whether the transaction is “imponibile” or “fuori campo” for VAT purposes. In the case of “imponibile,” the taxpayer must meet the requirements stated in article 26 of DPR 633/72 to be eligible for a VAT refund. On the other hand, if the transaction falls under “fuori campo” IVA, the tax authorities are obligated to make the refund, but within the two-year time limit specified in article 21, comma 2 of DLgs. 546/1992. This is unless the VAT refund is already enforced through coercive measures.
Source: eutekne.info
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