The right to claim import VAT arises at the time of customs clearance, regardless of whether the invoice has already been issued

In the context of imported goods, the obligation to apply and deduct VAT (only arises at the time of customs clearance, regardless of whether the invoice has already been issued, and the goods are already physically in Italy. Otherwise, it would allow the possibility of claiming a deduction for a non-existent tax. This legal principle was established by the Court of Cassation in judgment number 25891, dated September 5, 2023. The case involved a company that transferred goods to Italy (placing them in a VAT warehouse) and, before nationalizing them, sold them to another company, which in turn sold them to another taxable entity. In the case of importation, according to the judges, the moment when VAT becomes due coincides with the completion of customs formalities, even in cases of advance sales with invoicing and/or advance payment.

Source: eutekne.info

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