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2023 Budget Law – New provisions in the VAT, excise duties and consumption tax field

Law No. 197/2022 concerning the “Budget of the State for the financial year 2023 and multiannual budget for the period 2023-2025” (“Budget Law”) was approved on 29 December 2022. In this document we briefly analyze the most significant changes introduced with regard to VAT, excise duties and certain consumption taxes (so called “Plastic tax” and “Sugar tax”).

Clarifications about the application of the IOSS regime for e-commerce platforms operating through the “dropshipping” scheme

With the Response to the Ruling no. 77, published on January 18, 2023, the Italian Tax Authorities provided clarifications regarding the application of the IOSS regime (“import one stop shop”) to the supplies of goods carried out through the “dropshipping” commercial scheme, with reference to the identification of the deemed supplier in said transactions and to the determination of the intrinsic value when the importation takes place.

Recovery of VAT paid to regularize indirect exports

With the reply to ruling no. 32/2023 of January 13, 2023, the Italian tax authorities provided additional clarifications on the recovery of VAT charged in case of regularization of indirect exports referred to in Article 8, paragraph 1, letter b), of Presidential Decree no. 633/1972, updating the clarifications previously provided with Resolution no. 98/E of 2014, in the light of the regulatory changes on methods and timing within which exercise the right to deduct VAT introduced by Law Decree no. 50 of April 24, 2017, converted, with amendments, by Law no. 96 of June 21, 2017.

The temporary solidarity contributions on the energy sector: overview on the new law measures introduced by the 2023 Italian Budget Law

The Law No. 179/2022 (hereinafter the “Budget Law”), effective starting from 1 January 2023, introduced a temporary solidarity contribution due by the enterprises with activities in the energy and oil&gas (hereinafter the “New Contribution”). The New Contribution has been considered by the Italian Government as “equivalent” to the solidarity contribution provided by the EU Regulation No. 2022/1854 published on 6 October 2022.