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Limits to the right of VAT deduction in the case of late ‘viewing’ of electronic purchase invoices

  • Italian tax authorities clarified the VAT deduction rules for late downloading of electronic invoices sent by the Interchange data system (SdI) into the “put on disposal” area of the tax portal “Fatture&Corrispettivi.”
  • A taxpayer received courtesy invoices from suppliers in 2021 but discovered in 2022 that the relevant electronic invoices were in the tax portal due to missing registration.
  • The taxpayer did not include these transactions in the annual VAT return for 2022 and asked if they could deduct the VAT from the day they downloaded the e-invoices in 2023.
  • The tax authorities attributed strong relevance to the taxpayer’s omissive behavior and postponed the “dies a quo” for the exercise of the right of VAT deduction.
  • It is not possible to deduct VAT in 2021, 2022, or 2023 due to the taxpayer’s conduct.
  • This interpretation seems contrary to the Italian tax authorities Act no. 89757 of April 30, 2018.

Source PwC


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