Late receipt of invoices puts VAT deduction at risk in Italy

• Late receipt of electronic invoices puts the right to VAT deduction at risk
• A recent case of late receipt of invoices is discussed, where a taxpayer did not receive invoices from suppliers due to a failure to upload their SDI code on the Fatture e Corrispettivi portal
• If a subject does not receive electronic purchase invoices from suppliers due to an error in communicating the recipient code on the Fatture e Corrispettivi portal, the date of receipt of the invoice is considered to be the date of viewing the invoice
• Failure to timely exercise this activity prevents the negligent subject from exercising the right to deduct VAT on “non-received” electronic invoices
• The Agency denies any possibility of recovering the tax by relying on the “arbitrary” behavior of the taxpayer
• The conditions for exercising the right to VAT deduction are outlined in Article 19 of DPR n. 633/72
• The Directive n. 2006/112/CE states that the right to deduction arises when the deductible tax becomes due, i.e., when the legal conditions necessary for the tax authority to do so are met.

Source: commercialistatelematico.com

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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