Communication of data of invoices issued and received

Simplifications to electronic filing terms and data

The filing of the Communication of data of invoices issued and received has been subject to various simplifications with regard to the terms for the electronic filing and data to be communicated.

Regulation on the Communication of data of invoices issued and received was amended by Law Decree dated 16 October 2017, no. 148, annexed to Budget Law 2018 (“Tax Decree”), by Budget Law 2018 (Law dated 27 December 2017, no. 205) and by the Act of the Director of the Revenue Office of 5 February 2018 no. 29190/2018.

Pursuant to art. 21 of Law Decree no. 78/2010, on a quarterly basis, VAT taxable persons must transmit electronically, to the Tax Agency, the data of invoices and credit notes issued, as well as of Customs bills.

Such data must be contained in an XML file created following the technical requirements fixed by the Revenue Office.

New terms for the filing

The Tax Decree provides the possibility to file the Communication of data of invoices issued and received for year 2018 on a six-month rather than on a quarterly basis.

Budget Law 2018 also provides for an extension of the deadline to file the Communication of data of invoices issued and received for semester 1 and quarter 2 of 2018 from 16 September to 30 September 2018.

The above being said, with reference to the Communication of data of invoices issued and received for year 2018 the following deadlines apply:

• 31 May 2018: deadline for filing the Communication relevant to quarter 1, 2018;
• 1 October 2018 (since 30 September is Sunday): deadline for filing the Communication relevant to quarter 2 or semester 1, 2018;
• 30 November 2018: deadline for filing the Communication relevant to quarter 3, 2018;
• 28 February 2019: deadline for filing the Communication relevant to quarter 4 or semester 2, 2018.

The content of the Communication

According to the Tax Decree, data to be contained in the Communication can be limited to the following:

• VAT number of the supplier  and of the purchaser, or tax code in case the purchase is a private individual;
• invoice date;
• invoice number;
• taxable basis, VAT rate, VAT and, should VAT be applicable, nature of the operation for VAT purposes.

Moreover, there is the possibility to file data of the “summary document” in lieu of data of invoices issued and received carrying an amount lower than 300 euro and registered all together, pursuant to art. 6 of Presidential Decree no. 695/1996. In this regard, data to be submitted must include, at least, the following:

• VAT number of the supplier as concerns the “summary document” of sales invoices;
• VAT number of the purchaser as concerns the “summary document” of purchase invoices;
• Date and number of the” summary document”;
• Total taxable basis and total VAT, to be distinguished according to the applied VAT rate.

Other changes

The Tax Decree also introduced:

• the exemption for public administrations under art. 1, para. 2, of Legislative Decree no. 165/2001 from the obligation to file the Communication of data of invoices issued to private individuals;
• the exemption  for agricultural producers under art. 34, para. 6, of Presidential Decree no. 633/1972 located in upland areas pursuant to art. 9 of Presidential Decree no. 601/1973, to file the Communication of data of invoices issued and received;
• the non-application of fines, provided for by art. 11, paragraphs 1 and 2-bis, of Legislative Decree 471/1997, for incorrect Communications of data of invoices issued and received for semester 1 2017, provided that correct data are filed by the term for filing the same Communication for semester 2 2017.

The implementing procedures of the Tax Decree principles are contained in the Act of the Director of the Revenue Office of 5 February 2018 no. 29190/2018, which, among others, states that:

• changes relevant to 2018 will apply also to Communications relevant to semester 2, 2017 and to Communications integrating incorrect ones referred to semester 1, 2017;
• the deadline of 28 February 2018 for the submission of Communications relevant to semester 2, 2017 is postponed to 6 April 2018.

Lastly, basing on Budget Law 2018, the Communication of data of invoices to be issued and received will be abolished starting from tax period 2019, following the introduction of the generalised obligation to issue electronic invoices.