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VAT Refund on Invoices: When Undue Tax Payments Can Be Reclaimed

The Italian tax authority has clarified that VAT refunds are possible for invoices where the tax was mistakenly applied, specifically when tax audits reclassify contractual relationships from a service requiring VAT to a different type that doesn’t. This exceptional remedy, governed by Article 30 ter of the VAT decree, applies only when standard corrective measures, such as issuing credit notes, are impossible to use. Critically, refunds are not permitted to circumvent deadlines missed due to the taxpayer’s own negligence or inaction. However, a refund is allowed if the taxpayer was unable to act due to circumstances genuinely beyond their control.

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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