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The new warranty obligation for fiscal representatives and non-EU taxpayers intending to carry out intra-EU transactions in Italy came into force

  • The Legislative Decree No. 13 of 12 February 2024 on tax assessment was published in the Italian Official Gazette No. 43 on February 21st, 2024.
  • It implements the Draft legislative decree of 3 November 2023 with some additions.
  • The decree is effective from 22 February 2024 and fully transposes the previous Draft, except for the penalty applicable to tax representatives in case of non-compliance.
  • The new penalty ranges from Eur 3,000 to Eur 50,000, instead of the previous fixed penalty of EUR 3,000.
  • The legal cumulation is no longer applicable.
  • The Minister for the Economy and Finance will establish criteria for fiscal representatives to take on this role only with an appropriate warranty, which will be graduated based on the number of entities represented. Additional decrees will be published to outline the criteria and procedures for issuing the guarantee.

Source PwC

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