"NEWS April 18, 2016-Non-taxable VAT the supply of goods abroad at trade shows"
In a previous posting, it was highlighted that, in principle, the transfer of ownership deferred, i.e. postponed until later than sending goods abroad, does not produce a sale for export, no VAT for VAT purposes. In the case in question, where the change of ownership takes place when the goods are already in the EU territory, an assignment must be billed it as a subject under art. 7-bis, paragraph 1, of the P.r.decree # 633/1972, in the absence of the assumption.
According to the tax authorities, this general rule is waived only in two situations, in particular when:
- pursuant to the agreements referred to in the contract of "consignment stock", the goods are sent to their destination of the purchaser established in a Country outside the EU, at a deposit of the same or of a third party where the latter has access. In this case, at the time of collection of the goods from the buyer's deposit, you shall execute the sale and manufacture conditions to qualify the operation as disposal for export no VAT in accordance with art. 8, comma 1, lett. a) of P.r.decree # 633/1972 (resolution of IRS May 5, 2005, n. 58);
- the goods are sent outside the European Union to be later transferred to the non-resident customer contractually binding commitment assumed by virtue of the originally by the same parties. In this case, the goods, even if they are stored in a warehouse owned by the transferor Italian or of which the latter shall have the availability under a lease specially stipulated, sonovincolati, from the very beginning, the sole foreign customer ownership transfer in relation to its supply needs. As, then, running export agreement "consignment stock," is with the withdrawal from the deposit for delivery to the foreign customer who shall execute the sale and we make assumptions to frame the operation as disposal for export no VAT in accordance with art. 8, comma 1, lett. a) of P.r.decree # 633/1972 (resolution of Inland Revenue December 13, 2013, n. 94).
The norm of behavior # the Association's 161 Accountants of Milan (now Italian Association of certified public accountants) said that export sales, the effect of which translation risk is postponed more than sending goods abroad, contribute to the formation of the plafond, pursuant to art. 8, paragraph 2, of the P.r.decree # 633/1972, if an assignment executed later falls within the aims of the exporter since the time of placement of goods outside the borders of the European Union. As a result, the effects of the creation of the plafond the operation means ended when paused or deferred and translational effects occur, with respect to that moment, you must issue an invoice specifying the norm of exemption of the supply.
More specifically, the Association has found that, for the purpose and effect of art. 8, paragraph 2, of the P.r.decree # 633/1972, the relevance of operations specifically typed by art. 6, paragraphs 1 and 2, of the same Decree, in connection with the deferment of translational effects, could be extended to other legal situations (such as the attempted sale and lecessioni of goods abroad at trade fairs market) preceded by transport/shipment of goods abroad and based on originariaintenzionalità element of the sale of those goods.
In support of this conclusion, it can be observed that the Community rule (art. 8, par. 1, lett. a) of the Sixth Directive, now art. 32 of Directive No. 2006/112/EC) requires, in setting up a sale for export, delivery or shipping and bargaining act under which a change of ownership occurs (immediate or delayed). It considers essential the presence of only two such moments, regardless of the chronology of their occurrence, so the momentary absence of one of them acts as a condition of suspension of the effects of the operation that in Italian, is expressed in art. 6, paragraphs 1 and 2, of the P.r.decree 633/1972 for operations (typed) therein.
As at the time of the operation's significance, for the purposes of determining delplafond, the sale, which ended when the goods have been transferred abroad, is classified as an export sale with effect ex nunc, i.e. when the suspensive effect of the operation cease, giving rise to the completion of the sale. With respect to that moment, i.e. when goods already sent abroad are made available, the operator must bill you under the exemption ex art. 8, comma 1, lett. a) of P.r.decree # 633/1972.
In line with the principles set out in the standard of behavior # 161, the Court of appeal, by judgment No. 5618 of March 16, 2016, said the supply of temporary export goods benefiting from exemption of VAT under art. 8 of P.r.decree # 633/1972 and, therefore, contributes to the formation of the plafond although the effect translation risk of property occurs when the goods are already in EU territory, where they were sent as part of a trade fair. In practice, with the sale of assets already in EU territory, where they were sent during the trade fair, you can Bill unenforceable, since the operation, in consideration of the item in the original intent of the sale of such goods, it qualifies as an export sale and not as subject to VAT for territorial assumption fault under art. 7-bis, paragraph 1, of the P.r.decree # 633/1972.
The conclusion reached by the courts of legitimacy extends, therefore, the assumptions that legitimize an invoice under the exemption for goods when they are already in the EU territory, resulting in the creation of the ceiling for national task.