The application of stamp duty tax on electronic invoices

By virtue of the alternative existing between VAT and stamp duty tax, both paper and electronic invoices issued including VAT exempt charges for an amount greater than euro 77,47 are subject to stamp duty tax of euro 2,00.

Since the electronic invoicing has become mandatory from January 1st 2019, taxpayers will have to comply with the payment of the aforesaid tax due on the basis of the electronic invoices sent through the Interchange System in the first quarter of 2019.

The payment will have to be done within April 23rd either through the F24 form or more easily through the dedicated online portal belonging to the Tax Authority.
With this respect, the recent Resolution nr.42 of April 9th 2019 issued by the Revenue Agency indicates the tax codes for the payment through the F24 form as follows: 2521 for the first quarter, 2522 for the second, 2523 for the third and 2524 for the fourth. In case of omitted or delayed payments of the tax, taxpayers are allowed to self-asses the related penalty (tax code 2525) and interests (tax code 2526).

The Tax Authority’s online service made available within the secured section for each taxpayer, reports in details the stamp duty tax due with respect to the electronic invoices issued during each quarter as the sum of the VAT exempt amount reported in each invoice.
In case of discrepancy on the number of invoices on which the stamp duty tax should be levied upon, compared to the one reported by the Tax Authority, taxpayers are allowed to indicate the proper number. In this case, the system will proceed with the calculation of the amount based on what has been declared by the user.

Taxpayers can choose whether to proceed with the payment by charging a bank account or by paying via F24 form.
In the first case it will be necessary to enter the IBAN code in the online secured section, confirming that the bank account is registered with the tax code of the taxable person at issue. It will therefore be possible to forward the payment (by accessing a summary screen) and confirm the same by clicking on the appropriate button. After the system has verified the formal correctness of the IBAN (bank account code), a first receipt will be provided to the taxable person confirming that the payment request has been sent out. Subsequently a second one will be issued, certifying the payment or the negative outcome of the process.
As an alternative, taxpayers could proceed with the payment using the F24 form.

Please do not hesitate to reach out to our Professionals for further details on the above.