Foreign transactions, new data to be sent via SDI

Since last 1 July, data on transactions with counterparties not residents in Italy must be transmitted to the SDI (Interchange System) in the XML format of the electronic invoice.

In fact, the communication of transactions with foreign counterparties no longer consists in a quarterly communication but of a more detailed sending of data referring to sales/purchases of goods and services to/from non-resident subjects.

 

With circular No. 26 of 13 July 2022, the Italian Revenue Agency provided further clarification on the new rules for the transmission of data on cross-border transactions.

With reference to the scope of application, it has been clarified how the communication must refer to all transactions with foreign subjects, including final consumers (in this case only where the consideration for the transaction is in any case certified, by invoice or other documents).

On the other hand, transactions documented by customs bills as well as purchases of goods and services that are not territorially relevant for VAT purposes in Italy (pursuant to Articles 7 to 7-octies of the VAT decree) for an amount of less than EUR 5,000.00 remain excluded.

 Modalities of the compilation

With reference to the modalities of the compilation of the XML files, we recall how version 1.7 of the technical specifications of electronic invoicing provides for the insertion of some information that was not previously required, including the ‘nature and quality of the good/service object of the supply/service’ as well as a different timing of data transmission. And in particular:

  • For sales transactions, it is necessary to prepare a document including all the data required for electronic invoicing, according to the normal invoicing process, indicating the nature, quantity, and quality of the goods sold/services rendered. However, it has been clarified by the Inland Revenue that in the event that the taxpayer does not use the same software used to generate the Xml file for electronic invoices, he may valorise field 2.2.1.4 by reporting the word “Goods” or the word “Services” or both without indicating other details and referring to the description of the document issued.

The document to be used is the TD01 both for supplies of goods to EU or non-EU customers, with dispatch in the EU, as supplies evidenced by customs invoice do not have to be reported, and for services rendered to EU/Extra-EU persons. The consignee code to be indicated is XXXXXXX (7 times x).

The document must be transmitted to the SDI in accordance with the deadlines already provided for the issuance of electronic invoices: (i) by the twelfth day following the time of the transaction or (ii) by the 15th day of the following month in the case of a deferred invoice pursuant to Article 21 c. 4 of the VAT Decree.

  • As far as passive invoices are concerned, the XML file created to pay vat in case of purchase from an EU subject or as a self-invoice in case of purchase from a non-EU subject must be filled in on the basis of the foreign document received. Also, for passive transactions, the description field may be filled in, in a simplified way, by reporting the word “goods” or the word “services” or, if both goods and services are mentioned in the invoice, the words “goods and services”, referring, as for sales transactions, to the description contained in the detailed document received.
  1. Purchases of services from both EU and non-EU parties, the type of document to be used for the purposes of the electronic integration/self-invoice is the TD17. In the case of Intra-EU transactions, the document must be transmitted to the SDI by the 15th day of the month following the month in which the document proving the transaction is received. Instead in the case of Non-EU transactions, the document must be transmitted to the SDI by the 15th day of the month following the month from when the transaction has been carried out.
  2. Purchases of intra-Community goods are identified with TD18. The individual document must be sent no later than the 15th day of the month following the month in which the document proving the transaction was received.

Below is a brief summary of the applicable cases:

Operation Modalities for acquitting VAT by Reverse Charge Deadline for recording in the sales register Deadline for sending data to the SDI
Purchase made in Italy of goods from a non-EU supplier Self-invoice:
The twelfth day following the day on which the transaction is carried out (in the case of payment and/or advance invoicing in the absence of a Transport document.Deferred deadlines apply if delivery is documented by Transport document.
Day 15 of the month following the time of the transaction TD19 to be transmitted:
by the 15th of the following month if purely external
flow (paper self-bill)within 12 days from execution if electronic self-invoice (XML date = execution date)
Purchase made in Italy of goods from EU supplier Integration:
Art. 17 para. 2 and Art. 46-47 DL 331/93The month of receipt of the invoice
Day 15 of the month following receipt of invoice TD19 to be transmitted by the 15th day of the month following receipt of the invoice
Intra-Community acquisition of goods Integration:
Art. 17 para. 2 and Art. 46-47 DL 331/93The month of receipt of the invoice
Day 15 of the month following receipt of invoice TD18 to be transmitted by the 15th day of the month following receipt of the invoice
Purchase of
general services
from
suppliers outside the EU
Self-invoice Article
17
(2) Not
later
than
15 months after the invoice
was issued
Day 15 of the month following the time of the transaction TD17 by the 15th of the
following month
(XML date = execution date)
Purchasing general services
from
EU suppliers
Integration:
Art. 17 para. 2 and Art. 46-47 DL 331/93The month of receipt of invoice
Day 15 of the month following receipt of invoice TD17 by the 15th of the
following month
(XML date =
EU
supplier invoice
date)

Lastly, it should be emphasised that the obligations of integration/self-billing, on the one hand, and of data transmission via XML file with document types TD17, TD18 and TD19, on the other, are separated. In fact, it is possible to fulfil the integration/self-billing obligation either by transmitting the data via XML file using document types TD17, TD18 and TD19 (unifying the fulfilment) or in analogue form.