Prepared by Lorenzo Ontano e Annarita Terrone
On June 30, 2020, it was published the Act no. 248558/2020 by the Italian Tax Authorities, in order to introduce some updates with reference to the obligation of the electronic memorization and transmission of the consideration’s data, provided by the art. 2 of the Legislative Decree no. 127/2015.
In the following, we will summarize the indications provided by the Italian Tax Authorities through the above-mentioned Act.
Among the most important updates, the Act no. 248558/2020 provides the postponement of the deadlines reported in the Act no. 1432217/2019 and in the Act no. 1432381/2019.
In particular, the Act no. 1432217/2019 provided that the taxpayers should update the devices in use, within 1st of July 2020, in order to transmit the considerations’ data using only the new XML file provided by the Italian Tax Authorities (for more information, see the annex named “TIPI DATI PER I CORRISPETTIVI – versione 7.0 – giugno 2020” on the Italian Tax Authorities website).
Furthermore, the Act no. 1432381/2019 provided that the taxpayers should update the cash desks in use within June 30, 2020, in order to carry out the obligations related to the tax receipts lottery, among others, the possibility to capture and to report the “lottery code” in the “documento commerciale”.
However, considering that the taxpayers cannot carry out the updates required for the closure period due to the Covid-19 emergency, the aforementioned deadlines have been postponed as follows:
- within 1st of January 2021, the taxpayers should update the devices currently in use to carry out the electronic transmission exclusively through the new XML format;
- within December 31, 2020, the taxpayers should update the devices in order carry out the fulfillments related to the tax receipts lottery.
Moreover, with reference to the new XML format to be used from 1st of January 2021, the Italian Tax Authorities provides more details about the description and how to use some fields reported in the XML format, for example, for the fields “sconto a pagare”, “ticket” and “corrispettivo non riscosso”.
As to the issuance of the documento commerciale for the returned goods procedure or for the cancellation of the transaction, in the Technical Specifications approved together with the Act no. 248558/2020, it is introduced a new case for which it is possible to issue the above-mentioned type of documents, already indicated by the Circular no. 3/2020, released by the Italian Tax Authorities.
In particular, it is provided that it will be possible for the taxpayers to issue a “documento commerciale” for the returned goods procedure or for the cancellation of the transaction, also in the absence of the original “documento commerciale”, using some specific data related to the original purchase carried out.
In these cases, the taxpayers can issue the “documento commerciale” for the returned goods procedure or for the cancellation of the transaction, reporting some information related to the original purchase, such as a descriptive abbreviation, for example “POS” if the Customer has the POS receipt related to the original purchase, the date of the transaction, the VAT rates of the transactions for the returned goods procedure or for the cancellation procedure.
Finally, among the innovations introduced, together with the Act no. 248558/2020, it is released a new layout of the “documento commerciale”.
As reported in the Act, the new layout is introduced in order to ensure a higher readability of the “documento commerciale” and in order to reduce the paper consumption, through the use of the documento commerciale so-called “compatto”.
Finally, in this document, the Italian Tax Authorities clarify how to apply the mandatory rounding provided by the art. 13-quater of the Legislative Decree n. 50/2017 and how to manage the gifts treatment.
For a deeper discussion, please contact:
PwC TLS Avvocati e Commercialisti
VAT – Director
PwC TLS Avvocati e Commercialisti
VAT – Senior Manager