"NEWS of September 19, 2016-the management of returns to the Italian supplier"

Posted by on Sep 19, 2016

The D.L. 331/1993 nothing plan concerning the rules to be observed in the presence of changes in intra-Community transactions. However, under article 56 of the same Decree, are applicable in the present case the provisions contained in article 26 of the P.r.decree 633/1972, which provides for the following assumptions:

  • increases: operators are obliged to all VAT obligations (billing, registration, etc.), whenever, after the issuance of the invoice, the taxable amount or its tax is to rise for any reason;
  • decreases: the operators have the right to reduce the taxable amount of a transaction that has already been registered, as a result of a declaration of invalidity, annulment, withdrawal, reductions and the like, or as a result of applying a rebate or discount provided contractually. Such variations do not apply more than one year from the transaction if employees from accident agreement of the parties.

In intra-Community transactions you must carefully manage the notes of variation due to returned goods, partial or total, accompanied by the transport document bearing the description "returns".

Where the refund is made by the client of another Member State, the national supplier has the right to intervene on the register of invoices issued (as referred to in article 23 of the P.r.decree 633/1972) with special grinding records falling. The adjustment reduces the amount of assessment for operation to which it relates if it is noted in the same month in which is recorded the original operation; otherwise, the adjustment is taken into account in the annual statement.

In practice, the credit note may be issued or with relevance for VAT purposes or without relevance for VAT purposes, where:

  • in the first case, if the goods are returned, in whole or in part, within a year of operation, is an indication of non-taxable amount within the meaning of article 41 of Decree 331/1993;
  • in the second case, if the goods are returned, in whole or in part, over a year after the operation, an indication of the amount is shown as excluded from VAT pursuant to article 26 of the P.r.decree 633/1972.

INTRASTAT purposes, the decreases, if made, shall be expressed, as adjustments in the summary list of supplies, if already presented, with appropriate annotation in INTRA-1 model ter. In the event that an action to rectify the model has not yet been declared INTRA-1 bis should be taken into account when presenting the summary list of the current period, namely by reducing the amount of the Bill of sale subject to Declaration in INTRA-model 1 bis.

Specifically, if the change involves the partial or total refund of the goods to the Italian provider in the State, the latter shall submit the statistical effects INTRA-1 model ter although variation is not operated for tax purposes, indicating the code "2" in column on the nature of the transaction. If the national operator shall submit recapitulative statements relating to supplies on a quarterly basis should be compiled on INTRA-1 model ter solely for tax purposes.

The situation is different where the change note is issued with relevance only for accounting purposes, for example because it is one year from the sale of the goods being returned. In this case, the domestic supplier must submit the INTRA-1 model ter, concerning adjustments of supplies of goods of former times, statistical purposes only, indicating the code "2" in column on the nature of the transaction. If, however, the operator shall submit recapitulative statements relating to supplies on a quarterly basis, should not be filled in the INTRA-1 model ter even for tax purposes.

While the method of completion of INTRASTAT models are dependent on the original national provider operation avvenuta variation, although does not decrease, still needs to reduce the corresponding amount for the availability of the credit limit to make purchases of goods/services without applying the tax (C.M. February 23, 1994, n. 13-VII-15-464, § b. 10.3).

Remember that if the goods are not returned to the originator in the State, but are sold to different taxable person community, there are two separate and independent operations that involve the responsibility of the taxpayer the following requirements, depending on the Member State where the goods are intended for:

  • delivering the goods in the same Member State as already: in that case, needs surgery, only to fiscal effects, the corrigendum to the original operation by using the INTRA-1 model ter and building a new model for INTRA-1 bis to the next buyer;
  • delivery of goods in different Member State: in that case, these obligations by rectification and building models INTRA-1 ter and INTRA-1 bis must be fulfilled is to tax consequences that statisticians.

by Marco Peirolo