Electronic invoicing with San Marino from 1 July
A run from 1 July 2022the operations with San Marino move from electronic invoicing.
The Ministerial Decree of 21.06.2021, in implementation ofarticle 12 DL 34/2019had expected a transitional period in which electronic or paper invoices could be issued.
Until 30 June 2022for the sales of goods carried out in the context of the exchange relations between the Italian Republic and the Republic of San Marino, referred to inarticle 71 of Presidential Decree 633/1972the invoice can be issued and receivedwith the modalities dictated by the Ministerial Decree of 21.06.2021, in electronic format or inside paper format.
What changes from 1 July 2022?
With effect from 1 July 2022 for the transactions in question the invoices are issued and accepted in electronic format, without prejudice to the hypotheses excluded by legal provisions (article 2, paragraph 2, Ministerial Decree of 21.06.2021).
The issuance of an electronic invoice relating to sales of goods shipped or transported to the Republic of San Marino with respect to economic operators who have the identification number assigned to them by the Republic of San Marino, it reports the identification number of the San Marino transferee and is transmitted by the ES to the tax office of San Marino, which, once verified the regular fulfillment import tax, validates the regularity of the invoice and communicates the outcome of the check to the competent office of the Revenue Agency through the appropriate electronic channel.
The Recipient code to use in the xml file is 2R4GTO8there Nature of the operation to indicate on the invoice is N3.3 and the value of the operation will flow into the line VE30, column 4of the annual VAT return.
The Italian economic operator electronically view the outcome of the check carried out by the San Marino tax office through a special electronic channel made available by the Revenue Agency.
Self within the following four months upon issuing the invoice, the tax office did not validate its regularity, the Italian economic operator, in thirty days later it issues a variation notepursuant toarticle 26, paragraph 1, Presidential Decree 633/1972without the payment of penalties and interest.
Even the sales of goods, accompany by the transport document or by another document suitable for defining the subjects between whom the transaction is carried out and having the characteristics determined by Presidential Decree 472/1996, are not taxablepursuant to articles 8 And 71 DPR 633/1972if the tax office validated the regularity of the document. Otherwise, the transferor must regularize the transaction.
Recall that the operations have occurred at the beginning of transport or shipment, to the transferee or to third parties on its behalf, from the territory of the State or from the territory of the Republic of San Marino. However, if the translational or constitutive effects are produced at a later time upon delivery or, the operations are transported when such effects are produced and in any case after one year from delivery or shipment. Likewise, in the case of assets transferred in dependence on estimating contracts and similar, the transaction is considered to have been carried out atact of reselling them to third parties or, if the goods are not returned before, at the expiry of the term agreed by the parties and in any case after one year after delivery or shipment. These suspension provisions must be recorded in a special register and kept in accordance with thearticle 39 DPR 633/1972 that the related reason is indicated and in the transport document.
Self, prior to the occurrence of the events indicated or in whole or in part by them, an invoice is issued or the amount due is paid in whole and in part, the operation is considered to have been carried out, limited to the amount invoiced or paid, on the date of the invoice or that of the payment.
In case of purchase from San Marino operators (with an identification number assigned to them by the Republic of San Marino) of goods shipped or transported in the Italian territory accompanied by the transport document or other document suitable for defining the subjects between whom the operation is carried out, the electronic invoices are sent by the San Marino tax office to the SdI, which delivers them to the transferee who displays, through a special electronic channel made available by the Revenue Agency, the electronic invoices received.
The issuance of the invoice by the transferor of San Marino it can be done with or without VAT.
If the electronic invoice indicates the amount of VAT payable by the transfereein transferred goods transmitted to the type of assets due to the transactions carried out, the tax is paid by the San Marino operator to the tax office, which within fifteen days transfers the sums received to the competent office of the Revenue Agency and the office to the the same office in electronic format the summary lists of the invoices corresponding to these payments.
The Office, within fifteen days, checks the correspondence between the payments received ei invoice data in summary lists and notifies the tax office.
In the event of a mismatch between the invoice data and the payments received, the competent tax office asks the tax office to make the necessary adjustments.
In case of insufficient payments, the tax office provides for the relative integration; in the event that the tax paid is in excess of that due, the competent office of the Revenue Agency arrives at the non-tax paid office.
The positive outcome of the check by the competent office of the Revenue Agency is communicated electronically to the tax office and to the transferee; the latter from that moment the tax can be deductedpursuant to articles 19 and following Presidential Decree 633/1972.
If the electronic invoice it does not indicate the amount of VAT in transition to the type of goods sold and the consideration for the operations carried out, the Italian economic operator to whom the invoice was delivered through the ES fulfills the setting pursuant toarticle 17, paragraph 2, Presidential Decree 633/1972indicating the amount of the setting due in the file xml with the document type TD19 to be sent to the ES by the 15th of the month following the execution of the operation.
The Italian economic operator write down the invoices in the records by articles 23 (registration of sales) and 25 provided (registration of purchases) Presidential Decree 633/1972, according to the terms and conditions established therein.
The Italian transferee, if it has not received an invoice, or has received a regular invoiceprovides for the issuance of the same or its regularization within the terms set out inArticle 6, paragraph 9-bis, Legislative Decree 471/1997by sending a file TD20 document type to the ES.