Electronic invoice from San Marino, this is how the VAT is managed in reverse charge
• do not indicate the tax in the electronic invoice, in which case the Italian operator will have to pay it through the reverse charge mechanism;
• charge the tax on the electronic invoice, in which case the tax collected must be paid by the San Marino operator to the San Marino tax office.
Passive operations without charging VAT
In this case, the Italian operator pays the reverse charge tax, based on article 17, paragraph 2, of Presidential Decree 633/1972. To understand how to carry out the integration, it is possible to refer to the indications contained in the “Guide to the invoice of electronic invoices and the esterometer” of Revenue.
The possible modalities are due to:
• the paper version, already in use for many years, which may continue to be used throughout 2021 also for electronic invoices from San Marino;
• the electronic one, which will become the only one possible starting from 1 January 2022 following the abrogation of the esterometer.
In particular, the electronic mode provides for the creation of the following two document types in Xml format:
• TD17 Integration / self-invoice for the purchase of services from abroad;
• TD19 Integration / self-invoice for the purchase of goods pursuant to article 17, paragraph 2, of Presidential Decree 633/1972.
On the point received that many software houses are already starting, now we will leave, or will release by the end of the year, a special function capable of generating and sending in an automated way, from the electronic purchase invoice from the San Marino operator, the document types TD17 and TD19.
Passive operations with VAT charge
The alternative hypothesis provides for the possibility for the San Marino operator to charge the tax in the electronic invoice; in which case the VAT is paid by this operator to the tax office of San Marino and from these to the Revenue.
The positive outcome of the control by the Agency is communicated electronically to the Italian transferee on the «Invoices and payments» portal.
The Italian transferee can therefore operate in two ways:
• wait for the positive outcome of the check, before recording the invoice and deducting the VAT;
• register the invoice for accounting purposes only and note it “in suspension” on the VAT registers, pending the positive outcome of the check that will allow it to be deducted for VAT purposes.
On the software side, the first of the two solutions involves the introduction of a control, during the accounting phase of imported electronic invoices, if the supplier is from San Marino, which deactivates the automatic accounting of the same, pending a specific confirmation from the operator. the authorization to carry out the verification of the positive outcome of the check on the site «Invoices and payments».
The adoption of the second solution is however necessary:
• when the eventual outcome of the Revenue arrives after the deadline for registering the invoice in the journal;
• or in the case of invoices received at the end of the year, which for VAT purposes cannot be recorded in the following year.
Active operations
On the active cycle side, the Italian operator will have to undergo the electronic procedure by the deadline of 1 July 2022.
For the sales of related goods and services Italy – San Marino, not taxable pursuant to 8 and 9 of Presidential Decree 633/1972, the electronic invoice must be sent with the ordinary rules, through the Interchange System (SDI), by the Italian transferor. to the San Marino transferee, indicating the specific transfer code «2R4GTO8».
The invoice will be verified by the San Marino tax office, which will validate its regularity and communicate the outcome of the check to the competent office of the Agency, on the “Invoices and payments” website.
In the event of a negative outcome, or if the San Marino tax office has not validated its regularity within four months of issuing the invoice, the Italian economic operator must issue a note of subsequent ones, with the usual procedures, pursuant to of article 26, paragraph 1, without the payment of penalties and interest. It follows that there should be no need for any specific management software that is already able to issue VAT-only rule notes.
Finally, it should be noted that the receipts have communicated the impossibility, at the moment, of automating within the management software the verifications of the results of the checks carried out on the invoices and communicated to the Italian operator by the SDI, which can only be carried out through the «Invoices and payments» portal.