- A non-resident VAT taxpayer can request an Italian VAT refund via the web procedure (art. 38-bis2 DPR 633/72) if they carry out two distinct activities in Italy, provided these are kept separate in accounting (art. 36 DPR 633/72).
- The case involves a Spanish company renting out both an industrial property (subject to VAT) and a residential property (exempt from VAT) in Italy.
- For the industrial property, VAT cannot be offset due to reverse charge obligations handled by Italian lessees.
- For the residential property, the company must directly identify for VAT and issue invoices to private consumers, with no reverse charge applicable.
- The Italian Revenue Agency confirms that, with proper separation of activities, the company can still claim a VAT refund for the industrial property, even if it also carries out VAT-exempt activities.
Source: eutekne.info
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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