Electronic invoicing 2022: new rules for transactions with foreign counterparties and transactions carried out with a declaration of intent

Prepared by Andrea Werner Beilin and Roberta Scozzarella

On October 28, 2021, the Italian tax authorities published two Acts related to electronic invoicing. In particular, Act no. 293384 concerns the transactions carried out with foreign counterparts while Act no. 293390 is related to the transactions carried out upon reception of the declarations of intent.

Both Acts will enter into force on 1 January 2022.

Transactions with foreign counterparties

With Act no. 293384/2021, the Italian Tax Authorities amended the provision of the Act no. 89757 dated April 30, 2018 establishing the new technical rules that replace the cross border communication (so-called “esterometro”).

In this respect, the Italian tax authorities confirmed the rules previously reported in our Newsalert published on September 21, 2021. Indeed, the Act no. 293384/2021 confirms the content of article 1, paragraph 3-bis, Legislative Decree no. 127/2015. In particular, starting from 1 January 2022:

  • data of the transactions carried out with foreign counterparts should be submitted to the Interchange Data System (“SdI”) using the .XML format currently provided for e-invoices. The communication is optional for the transactions certified via a customs bill or for which an e-invoices is issued or received;
  • for transactions carried out towards taxable person not resident or established in Italy, the submission of the .XML files to the SdI system should be carried out within the invoicing deadlines. On the other hand, with reference to purchase transactions, the .XML transmission of data should be carried out within the fifteenth day of the month following the one in which the purchase invoice has been received or in which the transaction has been carried out.
Transactions carried out with declaration of intent

With Act no. 293390/2021, the Italian tax authorities defined the criteria related to the internal checks they will carry out on the usual exporters. In this respect, in case an irregularity is detected, the Italian tax authorities could also invalidate the declaration of intent sent by the usual exporter.

Moreover, from 1 January 2022, the supplier who received a declaration of intent, in addition to the indication of the value “N3.5” into the field “Natura”, will be required to fill in the block “AltriDatiGestionali” of the .XML file. In particular:

  • field <TipoDato> should report the wording “INTENT”;
  • field <RiferimentoTesto> should report the tax authorities protocol of the declaration of intent and its progressive number separated by the “-” or “/” (e.g. 08060120341234567-000001);
  • the field <RiferimentoData> should report the date of the receipt, issued by the Italian tax authorities, that contains the above protocol number.

In this respect, the invalidation of the declaration of intent will lead the rejection of the e-invoice sent to the SdI system by the supplier.

Let’s Talk

For a deeper discussion, please contact:

Luca Lavazza

PwC TLS Avvocati e Commercialisti


Andrea Werner Beilin

PwC TLS Avvocati e Commercialisti

Senior Manager