The supply of goods and services supplied by economic operators in Italian foreign operators and vice versa implies the need to consider a number of tax implications typical of international operations, both within the EU and for the markets outside the European Union .
For intra-Community supplies means supplies of goods for consideration between taxable persons in their states that are physically transported from one Member State to another EU Member State (Art. 41, Legislative Decree no. 331/1993). It is, in principle, of non-taxable transactions. For supplies and intra-Community acquisition of goods shall apply, having regard to their particular nature (“intra”), specific exceptions to the principle of territoriality laid down, in general, by Articles. 7 to 7-f of DPR n. 633/1972. It should also be remembered that in order to carry out intra-Community transactions all those carrying out activities business, art or profession, in the State, or will establish a permanent organization intending to carry out intra-Community are to be included in the archive Vies (VAT information exchange system) . Registration must be made when the asset or later and before to engage in community operations.
Turning to other VAT obligations, it must be said that the bill, which must be issued by the 15th of the month following the month in which the operation (art. 46 DL 331/93), should, among other things, indicate, in location of tax liability, which is not taxable transaction and the possible specification of the relevant provision of Community or national.
Going a bit ‘more in detail, the bill, in addition to the information required by art. 21, Presidential Decree 633/1972, must also contain:
– An indication of the identification number attributed to the effects of VAT, to the transferee by the Member State of affiliation (not applicable in case of sales on the basis of catalogs and the like);
– A reference to the transferee if the transferee of the first delivery is made in a State other;
– For the supply of goods dispatched or transported from a Member State in another Member State, purchased without paying the tax (art. 40 DL 331/1993), the identification number attributed to the transferee by the Member State of destination of the goods and the designation of the same as the tax debtor;
– In the case of goods dispatched or transported by the taxpayer or on his behalf in the territory of another Member State, an indication of the identification number assigned it by that State;
– If the transfer concerns new means of transport, it shall also be indicated the identification data of the same.
As regards, however, intra-Community acquisitions, the invoice received, previously integrated, must be recorded clearly by the 15th of the month following the month of receipt, and with reference to the previous month, the sales ledger and purchase ledger in so you can exercise the right to deduct (arts. 46 and 47 DL 331/1993).
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