Italy: Communication Of Cross-Border Transactions: New Regime From July 1, 2022

From July 1, 2022, the data relating to cross-border transactions must be transmitted to the Italian Tax Authority via the national e-invoicing platform, Sistema di Interscambio (SDI).

Article 1, paragraph 3-bis of Legislative Decree No. 127/2015, as amended by Decree-Law No. 146/2021, provides that, starting with transactions carried out as from July 1, 2022, VAT taxable persons resident or established in the territory of the State are required to transmit electronically the data relating to transactions involving the purchases of goods and supply of services made or received by non-resident persons using the SdI (Sistema di Interscambio). The same technical methods currently provided for electronic invoicing must be utilized.

Purchases of goods and services out of the scope of VAT for lack of territoriality are excluded from such reporting obligation, if the respective amount does not exceed Euro 5,000 (as recently established by article 12 of law decree no. 73/2022, the so-called 'Tax Simplification Decree').

According to the Italian Revenue Agency Regulation no. 293384/2021, the reporting obligation will remain optional for those transactions documented by a customs bill or a fiscal receipt.

Different deadlines applies to the transmission of the following data:

– the transmission of data relating to transactions supplied to persons not established in the territory of the State, will be carried out within the deadlines relating to issuing invoices or documents certifying the receipts (i.e., within 12 days from the time when the purchase or service is made or within the different deadline established by specific provisions);

– the electronic transmission of data relating to transactions received from persons not established in the territory of the State will be carried out by the 15^th day of the month that follows the receipt of the document that certifies the transaction or its execution.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.