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Warranty obligation for fiscal representatives and non-EU taxpayers intending to carry out intra-EU transactions in Italy

  • The Council of Ministers has preliminarily approved a draft legislative decree that introduces provisions on tax assessment as part of the tax reform mandate.
  • To combat VAT evasion and fraud, new obligations are being imposed on non-EU residents who want to engage in intra-EU transactions in Italy and on fiscal representatives.
  • Non-EU taxpayers must submit a warranty, determined by the Minister of Economy and Finance, in order to register their VAT number in the VIES system.
  • Failure to submit an appropriate warranty will result in the prohibition of intra-EU transactions in Italy.
  • Fiscal representatives are required to verify the completeness and accuracy of the documentation provided by non-EU taxpayers, and non-compliance will result in an administrative penalty of EUR 3,000.
  • Fiscal representatives must also meet certain subjective requirements, such as not having any financial offenses convictions or pending criminal proceedings related to financial offenses.
  • The criteria for fiscal representatives to take on this role will be determined by a decree from the Minister for the Economy and Finance.

Source PwC

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