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03/12/18 11:45

Electronic invoicing is coming into force

Studio TCL explains also the third tax amnesty provision introduced by Decree Law 119/2018

The electronic invoicing obligations apply to the sale of goods and services rendered for any B2B and B2C operations.

On the other hand, subjects under the facilitated tax system (so-called minimum or in a flat-rate system) are exempted, even if is still in force the obligation to receive and keep invoices.

According to the provisions of Decree Law 119/2018, to facilitate the electronic invoicing process, the income revenue authority for the first half of 2019:

  • will not impose penalties for omitted invoicing in case of invoices sent to the Interchange System (in any case if sent within the terms of the VAT settlement of the reference period);
  • in case the invoices are submitted to the interchange system by the end of the VAT settlement of the following period, the penalties will be reduced of the 80%.

Recently the Data Protection Authority raised some critical issues regarding the personal data protection: in particular, the interchange system archiving process refers to all data contained in the invoices, not only those whose indication is necessary for tax purposes.

Nowadays the Tax Authority and the Data Protection Authority are negotiating in order to guarantee the privacy compliance of the electronic invoicing.

 

Fabrizio Moscatelli

PKF - Studio TCL Tax Consulting Legal

Genoa  –  Milan

 

 

Tax third tax amnesty provision introduced by Decree Law 119/2018

 

There are two main innovations introduced by Decree Law 119/2018 on third tax amnesty:

- the facilitated tax burden settlement entrusted to Tax Collection Agency from January 1st 2000 to December 31th, 2017;

- write-off debts up to € 1,000;

The third tax amnesty on pending disputes allow to all taxpayers, who previously joined the facilitated settlement procedure, to be admitted even if they did not pay entirely or partially their tax debts according to the previous procedures provided by the Legislator.

The requirements to join are the following:

  • It is possible to take action on debts which are not covered by the exclusions provided by Decree Law 119/2018
  • they must be entrusted to the Tax Collection Agency in the period between 1.1.2000 and 31.12.2017;
  • the waiver of any disputes in progress on burdens on which is possible to take action

 

The debtors who joined in the previous tax amnesty, without paying entirely or partially the installments, have to pay the installments due in July, September and October 2018 in one-off payment by 07.12.2018, in order to be admitted to the third tax amnesty.

A mandatory condition for joining to the tax amnesty is the one-off payment of installments due in July, September and October 2018 - on the basis of the amounts defined in the previous third tax amnesty - by December 7, 2018. Once the payment has carried out, the payer is automatically admitted to the amnesty, without the need to submit a further request  of adhesion, with automatic postponement of the payment of the remaining amounts, which is now established in ten equal installments (5 years), by  July 31 and November 30 of each year, starting from 2019. However, further clarifications are awaited.

In the event that the taxpayer has regularly paid the installments for the months of July, September and October 2018, the new debt deferment will be guaranteed, without the need to pay the remaining installments of the months of November 2018 and February 2019: in any case, tax payer can make the payment of the aforementioned installments anyway.

All other taxpayers who have burdens entrusted to the Tax Collection Agency from January 1st, 2000 to December 31th, 2017 - and who have no prior facilitated settlement for the same burdens - may adhere to the third tax amnesty by submitting the related form by April 30th, 2019.

Tax Collection Agency will send to the tax payer the communication of acceptance (or denial) of the application by 30.06.2019, containing the amount due and the related deadlines.

With regard to debts up to € 1,000, art. 4 of Decree Law 119/2018 provides for the automatic erasing of collection notices entrusted to the Tax Collection Agency from 2000 to 2010, with a residual amount up to € 1,000, which were not paid at 24.10.2018. It is specified that the limit of € 1,000 is referring to the single collection notice (capital, penalties and interest). The erasing of individual debts is automatic, as the taxpayer does not need to express consent.

However, the payment date is relevant:

  • the sums paid before 24.10.2018 are definitively acquired and, as a consequence, the debtor will not be entitled to refund of the amount paid;
  • oppositely for the amounts paid from 24.10.2018 onwards two different situations can be outlined: if the beneficiary has other debts, the amounts paid and not due will offset other debts; if the beneficiary has no other debts, he / she will be entitled of refund, subject to the communication of the Revenue Collection Agency. Merry Christmas to all taxpayers with pending disputes in tax collection agency.

 

Barbara Pollicina

Chiara Vurruso

PKF - Studio TCL Tax Consulting Legal

Genoa – Milan

TAG : Tax corner
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