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Ruling: Conditions for accessing VAT refund under Article 30-ter of Presidential Decree 633/1972

  • Company “[ALFA]” is seeking clarification on the application of article 30-ter of the Presidential Decree of 26 October 1972, regarding VAT refunds
  • The company had a contract with cooperative [BETA] for logistics services, which was later reclassified as a labor supply contract by the tax agency
  • Despite this reclassification, [ALFA] was the only one penalized for the VAT issue, as [BETA] is currently undergoing insolvency proceedings
  • [ALFA] has paid the excess VAT and is considering applying for a refund under article 30-ter of the VAT decree
  • [ALFA] believes that the only option available to recover the excess VAT is to submit a refund request within 2 years of the event that caused the duplication of the tax
  • If a refund is not possible, [ALFA] may consider deducting the cost from their taxes

Source: agenziaentrate.gov.it

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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