"NEWS May 26, 2016-Intra Invoices from subjects without VAT"
In the context of intra-community relations, it often happens that you carry out transactions with counterparties which, although formally classifiable as traders, are devoid of the Vat number.
This is the case, for example, of the United Kingdom: the uk law provides a specific exemption from VAT for all those taxpayers who do not exceed a certain level of turnover. The direct consequence of such a case is that the British company that has issued the invoice is actually treated as a private entity and therefore is exempt from compliance with all the obligations and formalities required by the British legislature on VAT.
But what are the obligations of the uk tax payers who have business relations with operators from other Member States back precisely in this legal regime for small businesses?
The IRS, with circular No. 36/and the June 21, 2010, responding to this question, proposing different solutions.
In the case of a taxable entity Italian, who buys the goods at an operator subject to the scheme for small enterprises, does not carry out any intra-Community acquisition, as it must be assumed that it is a relevant transaction for VAT purposes in the Member State of origin. Taxable Italian will issue a Bill without applying the tax in order to document the purchase. It is preferable, however, it had received from Community operator documentation where the exact tax qualification of the company. A similar conclusion is if, instead of the goods you receive services. On the front, the taxable person Italian Intrastat doesn't compile nor a summary list of the intra-Community acquisition of goods or services received.
In the case of a taxable entity Italian ceding of assets to an operator of another Member State subject to the regime for small enterprises, these make an intra-Community supply under article 41 D.L. 331/1993, for which the tax is payable in the Member State of destination. Therefore, will issue an invoice without tax charge and will build the Intrastat list concerning intra-Community supplies of goods. In the case of a taxable entity Italian that makes the performance of generic services towards a Member State subject to the regime for small enterprises, these intra-Community Vat field out the take action under article 7 ter, for which the tax is payable in the Member State of the buyer (article 44 of Directive 2006/112/EC). Therefore, will issue an invoice without tax charge and will build the Intrastat list concerning the supply of services.
It must be said that article 41 of Decree 331/1993 and article 44 of Directive 2006/112/EC provide for both the transferee residing in another EU country is a taxable entity. In this case the reasoning followed by the Inland Revenue might bring out some problems in all those countries where there is a legal regime for small businesses that do not in fact taxable, consider, rightly, by exempting them from the possession of the VAT number. Not to mention, Furthermore, the technical difficulties you are having to set up an Intrastat in the absence of its Vat number of the opposing party. If the foreign trader cannot be taxable entity, the Italian manufacturer is usually having to consider the operation as internal, and thus subject to national Vat and exclude it from recapitulative statements Intrastat.
It is good to point out that the new paragraph 9 bis. 3 d. Lgs. 471/1997 regulates the possibility of incorrect application of reverse charge to exempt transactions, taxable or not taxable not. In such event, in case of investigation, should be deleted is the debt that credit incorrectly logged, with neutral effects. For those who are subject to subjective or objective undeductable is safeguarded the right to recovery of the tax may not be deducted through the change note or the refund pursuant to article 21 Decree 546/1992.
Fabio Pauselli
