1. INTRODUCTION
Starting from January 1st 2022, the “2021 Budget Law” has changed the methods of transmitting data on transactions carried out with foreign counterparties.
In particular, it is envisaged that the data of transactions with foreign subjects have to be transmitted electronically, in XML format, using the Exchange System (SDI). In essence, the same procedure as for national e-invoices will have to be adopted.
The new methods of data transmission require changes to the management procedures adopted so far, especially in consideration of the new and more stringent deadlines for sending information on transactions carried out with foreign parties.
2 COMMUNICATION OF CROSS-BORDER TRANSACTIONS (ESTEROMETRO) UNTIL DECEMBER 31ST 2021
In relation to the operations carried out starting from January 1st 2019, art. 1, c. 3-bis of the Legislative Decree 127/2015, provides that taxable persons resident or established in the territory of the State are required to periodically communicate the data of the operations to the Tax Office:
carried out in relation to subjects not established in Italy;
received from subjects not established in Italy.
Taxable persons who are not established in Italy, but only identified for VAT purposes by direct identification or tax representative, are exempt from complying with this rule.
The communication must indicate the data relating to all the sales of goods and the provision of services to and from subjects not established in the territory of the State, even if referring to operations that are not relevant, for VAT purposes, in the territory of the State.
With reply to ruling no. 85 / E / 2019, the Tax Office has specified that transactions involving private consumers also fall within the obligation. For the purposes of compliance, in fact, only the circumstance that the counterparty is not established in Italy is relevant, regardless of the nature of the same (economic operator or private consumer).
In the communication, however, have not to be included those transactions for which it was:
issued a customs declaration (for example, imports and exports);
issued or received an electronic invoice, transmitted through the SDI System (the conventional code "XXXXXXX" must be indicated in the "CodiceDestinatario" field of the issued invoice).
Are excluded even transfers to non-EU travelers pursuant to art. 38-quarter of the Presidential Decree 633/1972, documented by electronic invoice transmitted through the OTELLO system.
In relation to purchases from non-resident subjects, it is envisaged that the integration of the invoice received in electronic format (in the case of a Community counterpart) or the issuance of electronic self-invoice (in the case of a non-Community counterpart) through the Exchange System substitutes the obligation to communicate.
3. THE NEWS RULES APPLICABLE FROM JANUARY1st 2022 – ABOLITION OF THE “ESTEROMETRO”
Starting from the operations carried out from January 1st 2022, art. 1, c. 1103 of the Law 178/2020, so-called "Budget Law 2021", established that the communication of data of cross-border operations (the so-called ESTEROMETRO) is compulsorily carried out through the Inter-exchange System (SDI), adopting the same format as the electronic invoice for sales.
In particular, to allow the Tax Office a timely and precise processing of the draft of VAT registers, of the periodic settlements and of the pre-filled annual VAT return, the current massive transmission of data, carried out on a quarterly basis through the Communication of the cross-border operations, will be replaced by the obligation to communicate each single transaction with foreign counterparties by sending the invoice, the self-invoice or the electronic integration document through the Inter-exchange System.
In relation to the operations carried out from 2022, the data of the operations carried out with non-resident counter-parties must be transmitted to the Inter-Exchange System within the terms of issuing the invoices or documents certifying the payments.
Therefore, if the transaction is documented by an invoice, the related data must be transmitted, in most cases, within 12 days from the time the sale or service is carried out, or within the different deadline set for certain specific operations (for example , by the 15th day of the following month in case of re-application to deferred billing). Specifically, from 1 January 2022, it becomes mandatory to send the invoices issued to foreign customers to the SDI with the recipient code field filled in with the value "XXXXXXX". Since the purpose is only of an accounting nature and the SDI will not deliver these invoices, the burden of delivery to its customers in the usual manner remains the responsibility of the issuing company.
3.1. SALE INVOICES
Therefore, if the transaction is documented by an invoice, the related data must be transmitted, in most cases, within 12 days from the time the sale or service is carried out, or within the different deadline set for certain specific operations (for example , by the 15th day of the following month in case of re-application to deferred billing).
Specifically, from 1 January 2022, it becomes mandatory to send the invoices issued to foreign customers to the SDI with the recipient code field filled in with the value "XXXXXXX". Since the purpose is only of an accounting nature and the SDI will not deliver these invoices, the burden of delivery to its customers in the usual manner remains the responsibility of the issuing company.
3.2. PURCHASE INVOICES
The data of the transactions received from foreign subjects, on the other hand, must be sent to the SDI by the 15TH day of the month following that of receipt of the document proving the transaction or execution of the transaction (i.e., within the same registration deadline as the invoices relating to intra-community purchases and “generic” services received from EU subjects). The foreign supplier will continue to issue its invoices in the manner agreed between the parties. In this case, the Italian taxable person, who will receive an invoice (paper, PDF, EDI) from his foreign supplier, must generate an electronic document in XML format and send it to the Agency via the SDI by the fifteenth day of the month following that of receipt, in time to be able to take them into account in the VAT settlement. In particular, the type of document to be transmitted must be one of the following:
Code TD17: integration / self-invoice for the purchase of services from abroad;
Code TD18: integration for the purchase of intra-community goods;
Code TD19: integration / self-invoice for the purchase of goods pursuant to article 17, paragraph 2, of the Presidential Decree 633/72.
The data of the transactions received from foreign subjects, on the other hand, must be sent to the SDI by the 15TH day of the month following that of receipt of the document proving the transaction or execution of the transaction (i.e., within the same registration deadline as the invoices relating to intra-community purchases and “generic” services received from EU subjects).
The foreign supplier will continue to issue its invoices in the manner agreed between the parties. In this case, the Italian taxable person, who will receive an invoice (paper, PDF, EDI) from his foreign supplier, must generate an electronic document in XML format and send it to the Agency via the SDI by the fifteenth day of the month following that of receipt, in time to be able to take them into account in the VAT settlement.
In particular, the type of document to be transmitted must be one of the following:
Code TD17: integration / self-invoice for the purchase of services from abroad;
Code TD18: integration for the purchase of intra-community goods;
Code TD19: integration / self-invoice for the purchase of goods pursuant to article 17, paragraph 2, of the Presidential Decree 633/72.
ATTENTION!
Failure to comply with the registration terms (both integration and self-invoice) could lead, under certain conditions, to the impossibility of deducting the VAT shown in said documents.
Therefore
Foreign invoices received from suppliers in pdf or paper format must:
a) be integrated with Italian VAT, which will be reported in both credit VAT and debit VAT (so-called reverse-charge) electronically, in case of invoices from operators established in the European Union;
b) be integrated issuing an electronic self-invoice that will report the Italian VAT, accounted for both in the input VAT and in the output VAT, in case of invoices from operators established outside the European Union .
Let's make a couple of examples:
1. Invoice for a purchase of goods made on Amazon from a German (EU) supplier: in this case the invoice available on the marketplace or that is sent to you by the supplier upon your request, must be INTEGRATED with the Italian VAT using the code TD18.
2. Invoice relating to a purchase of goods made on Amazon from a Chinese (Extra-EU) supplier: in this case, A SELF-INVOICE will be ISSUED with Italian VAT using the code TD19.
4 THE NEW PENALTIES
The new methods of transmitting data on transactions with non-residents are accompanied by the modification of the related sanction system.
In relation to the operations carried out starting from January 1st 2022, there is an administrative sanction equal to € 2 for each invoice, with a maximum limit of € 400 per month.
The sanction is reduced by half, within the maximum limit of € 200 for each month, if the transmission of the omitted or incorrect data is carried out within 15 days following the deadline.
However, the inapplicability of the institution of legal cumulation remains confirmed.
In addition to this, as already mentioned previously in this discussion, under certain conditions, failure to comply with the registration deadlines for integrations and self-invoices, could make the VAT displayed on said documents non-deductible, with a disadvantage and environmental damage for operators far more serious than the penalties just