According to the law decree n.193/2016, from the 1st of April 2017 the VAT regime on withdrawing goods from tax warehouses in Italy will be modified…
VAT warehousing scheme
According to the law decree n.193/2016, from the 1st of April 2017 the VAT regime on withdrawing goods from tax warehouses in Italy will be modified. Taxable persons registered in Italy are allowed to withdraw goods from tax warehouses located in such territory in order to carry out national supplies or exportations or intra EU supplies. In the latter two cases, for taxable persons not established in Italy, the obligations related to the supplies (i.e. invoicing and filing the INTRA 1-bis form) could be undertaken by the persons responsible for the warehouse on behalf of the supplier.
Whether the goods are withdrawn from the warehouse after a previous intra EU supply or an importation, with the aim to make a national supply, the reverse charge mechanism will be applied with the obligation of integration of the invoice. In that case VAT is due by the person who carries out the withdrawal, paying the VAT on behalf of the owner of the goods. For the goods imported from an extra EU territory a guarantee will be needed for the withdrawal.
VAT refund and guarantees
The Italian VAT law, in article 38 bis of law decree 633/72 provides that the taxpayer, in order to obtain a VAT tax credit exceeding 30.000 €, must grant a guarantee to the treasury in case it would ascertain subsequently that the credit requested is not due. Moreover, tax professionals and representatives must grant a certificate that shows the validity of the refund request. In order to issue such certificate they must have their own guarantee to indemnify themselves against any subsequent claims.
The revenue Agency, clarified with resolution n. 112/E of 6 December 2016 that the amount of the guarantee granted for the VAT refund request has to be proportional to the amount of the VAT credit. However the guarantee for the services provided by the tax professional (i.e. the certification) does not have to be proportional to the amount of VAT requested.
New form for declaration of intent
Habitual exporters or taxable persons that carry out Intra EU acquisitions, are allowed to not pay VAT where certain condition settled by the Italian VAT law are met. The declaration of intent is a form with which is possible to register the supplies for which the application of VAT is “suspended”.
With resolution n.120 of 22 December 2016, the Revenue agency clarified the obligations connected to the new form available at the following link:
http://www.agenziaentrate.gov.it/wps/content/Nsilib/Nsi/Home/CosaDeviFare/Dichiarare/Dichiarazioni+operazioni+intracomunitarie/Dichiarazioni+di+intento/Modello/
Prof. Paolo Centore
