Electronic invoicing is underway in relations between Italian and San Marino operators: from Friday 1 October 2021, both for the sale of goods and for the provision of services, invoices can be issued / delivered through the exchange system of the revenue agency . From the same date, it is no longer necessary to declare the former to San Marino in the summary list of intra-community transfers. For the sales of B2B goods, the use of the e-invoice, in compliance with the technical rules established by the agency with the provision of August 5, 2021, mandatory from July 1, 2022, without prejudice to the cases of exemption provided for by the law. The Ministerial Decree of 21 June 2021 on the redefinition of the VAT regulation of exchanges between Italy and the Republic of Titano provides for this, the provisions of which will be in force on 1 October next. From that date, therefore, the rules of 24 December 1993 will cease to apply, which among other things require Italian sellers to take note of the validation of the invoice, by the San Marino tax office, in the register of invoices issued, as well as to submit the sale in the summary list of intra-community transactions (Intrastat model), if due due to the carrying out of intra-community sales.
Taxation rules and procedures. From a substantial point of view, nothing changes: the fundamental principle of the exchange of goods between the two countries is that VAT is collected by the country of destination if the buyer is a taxable person, while it is collected by the country of departure in the B2C exchanges. Therefore:
– sales of goods transferred from Italy to the Republic of San Marino, carried out in relation to transferees identified there as economic operators, in non-taxable transactions;
– the sales of goods from San Marino and introduced into the territory, made to taxable persons, are taxable in Italy according to the provisions of art. 71, Presidential Decree 633/72. The double taxation mechanism has also been confirmed: VAT, in Italy, can be paid, alternatively, by the San Marino supplier, who will then pay it to his own tax office and claim the invoice from the Italian transferee, or from the latter with the reverse charge mechanism, after integrating the invoice received from the supplier.
In B2C relations, on the other hand, the sales of goods invited by Italy to San Marino are normal transactions that can be taxed in our country, while for the sales of goods brought into Italy from San Marino, the San Marino tax is due; with the exception of distance sales, the sale of new means of transport and the purchases of goods by non-commercial entities.
As for the conditions for the taxability of B2B sales to San Marino, the San Marino buyer must first communicate his identification number to the supplier. The goods must be accompanied by a transport document or document suitable for identifying the parties to the operation, with the characteristics referred to in Presidential Decree no. 472/1996. It is also necessary:
a) in the case of an electronic invoice, that the San Marino tax office has validated the regularity of the same, by communicating it electronically to the revenue agency, which in turn will make this communication available to the transferor
b) in the case of a paper invoice, that the transferor is in possession of a copy of the invoice returned by the transferee with the annotations and the stamp of the San Marino tax office.
The sales of goods to and from San Marino, as well as similar sales (so-called transfers without sale, already provided for within the community and now also introduced in relations with San Marino), are carried out at the time of commencement of transport or shipment, at transferee or to third parties on its behalf, from the national territory or from that of San Marino. However, if the translation or constitutive effects are delivered at a later time, as well as for estimating contracts and the like, the transfers are obtained when these effects are dealt with, but no later than one year from the shipment of the goods; this on condition that the operations are recorded in a specific register and that the related reason is indicated in the transport document that accompanies the goods. The anticipatory effect of the transaction remains valid if, prior to the events that the invoice is issued or paid, in whole or in part, the consideration: in this case, the transaction is considered to have been carried out within the limits of the amount invoiced or paid .