Prepared by Lorenzo Ontano, Marta Marrapodi and Anna Tripodi
On June 29, 2024, the Legislative Decree No. 87/2024 regarding the revision of the tax penalty regime came into effect pursuant to the art. 20 of the Law No. 111 dated August 9, 2023.
Among the changes introduced by the Legislative Decree No. 87/2024, we highlight those related to the penalties applicable to exports and intra-EU supplies.
According to art. 7(1) of the Legislative Decree No 471/1997, with reference to the indirect exports, when the goods are not transported outside the European Union by the foreign customer within 90 days the applicable penalty would range between 50% and 100% of the tax. From September 1, 2024, such penalty will be 50% of the tax.
Moreover, the new wording of the art. 7(1) of the Legislative Decree No. 471/1997 provides that this penalty of 50% of the tax will also applies to infringements committed with respect to intra-EU supplies if the goods are transported to another EU member State by the customer or a third party on his/her behalf and the goods have not been received in that State within ninety days from the put at disposal in Italy.
In both of the above cases, i.e., indirect export and intra-EU supplies with transportation to be done by the customer, the penalty does not apply if, within thirty days after the 90-day deadline, the tax is paid after regularization of the invoice.
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