New section for VAT deductibility

Decree Law 50/2017, as noted, changed the discipline related to deduction of the VAT on purchase invoices. The Revenue Agency Circular N. 1/2018 clarified that the right for the VAT deduction is recognized when the tax is due and the taxpayer owns the invoice.

If the taxpayer receives an invoice related to 2017 he can alternatively account it by the end of 2017, so that the related VAT can be deducted in the periodic payment of the month in which it was registered, or account it in 2018 in a special section, but, in this case, the right to deduct VAT may be exercised only in the annual VAT Return of 2017. In this case, VAT is not indicated in Periodic VAT Settlements Communication, but the right for deduction is anyway recognized.

If the same invoice of 2017 will be received in 2018, it will be possible to exercise the deduction only starting from the date when the invoice itself is received, despite the fact that it is related to the previous year. In this case, the taxpayer can account the invoice in the purchase ledger of 2018 and deduct the related VAT , or account it in the purchase ledger of 2019 in a special section referred to 2018, thus exercising the deduction in the VAT Return 2019 (related to 2018).

In conclusion, VAT related to 2017 invoices can be included in the VAT Return 2018 if the document is received and accounted by April 30th, 2018, which is the deadline for its electronic filing.

According to Article 57 of Presidential Decree 633/72, taxpayers who have not accounted 2017 invoices within April 30th, 2018, can submit a supplementary VAT Return in favor by 31/12/2023.

 

Andersen & Legal is at your disposal for any additional clarification and explanation.