E-bill kicks off with San Marino
The obligation of electronic invoicing in the purchase and sale of goods with San Marino is underway: from next 1 July, the economic operators of the two countries are required to exchange invoices using the digital exchange system. The voluntary adaptation phase, launched on 1 October 2021, is therefore coming to an end, when the revision of the VAT rules on the Italian-San Marino interchange carried out by the Ministerial Decree of 21/6/2021, which implemented, among other things, Article 12 of Legislative Decree 34/2019, according to which “the obligations relating to exchange relations with the Republic of San Marino … are carried out electronically”. The obligation extends to the variation notes, but only concerns the exchanges of B2B goods. The e-bill, on the other hand, is optional for services rendered to San Marino operators. The cases of exemption from electronic invoicing are reserved, which however, as regards Italy, from 1 July next, with the extension of the obligation to taxpayers in exemption and to entities under the 398/91 regime, for transfers of assets have almost disappeared. Here are the procedures envisaged by the Ministerial Decree, supplemented by the Revenue with provision 5/8/2021, which accredited the San Marino tax office to the SDI with the code conferred 2R4GTO8.
Sales to San Marino. The sales of goods shipped or transported from Italy to San Marino, not taxable pursuant to art. 8, Presidential Decree 633/72, must be accompanied by a transport document. The electronic invoices, also bearing the VAT number of the San Marino transferee, are transmitted by the SDI to the tax office of San Marino, the, verified that the import tax has been paid, which validates the regularity of the invoice by informing the revenue agency, which in turn makes the information available to the Italian transferor. In the event that, within four months of issuing the electronic invoice, the tax office has not validated its regularity, the Italian transferor, within the following thirty days, must regularize the transaction by means of a variation note, without penalties and interest.
Sales to Italy. For the introduction of goods from San Marino, the tax available in Italy can be paid, alternatively, by the same San Marino supplier with the compensation on the invoice, or by the buyer with the reverse charge mechanism. The supplier must take his own identification number and that of the transferee on the invoice. The goods must be accompanied by a transport document. The electronic invoices issued by San Marino suppliers are sent by the tax office to the SDI, which delivers them to the national transferee. If the supplier charges VAT on the e-invoice, it must pay it to the tax office, which within 15 days will pay it back to the revenue agency, to which it also sends a summary list of invoices and payments. Once the checks have been carried out, the agency’s office (Dp of Pesaro-Urbino) communicates them electronically to the tax office and, in the event of a regular outcome, also to the national transferee; the latter may provide the right to deduct the VAT paid to the supplier only after such communication. Electronic invoices issued without the VAT charge, on the other hand, must be integrated by the transferee, who will then enter them in the register of invoices issued and in that of purchases, within the terms provided for by art. 23 and 25 of Presidential Decree 633/72, in order to pay the VAT and debt, if due, the right to deduct. San Marino operators who do not adopt electronic invoices issue a paper invoice in accordance with the provisions of art. 21 and 21-bis of Presidential Decree 633/72, so they are also allowed to use the simplified invoice for transactions up to 400 amounts. If the paper invoice bears the VAT charge, the San Marino operator issues the invoice in triplicate, submits the invoices accompanied by a summary list to the tax office and delivers the amount of VAT charged to the office itself and transmits to the Italian transferee the original invoice, endorsed by the tax office. The tax office sends the lists of paper invoices and the three copies of the invoices to the revenue agency and pays the sums received from the operators within fifteen days. The agency checks the correspondence between payments and invoices. The transferee notes the certified invoice sent to him by the San Marino supplier, exercising, if due, the deduction of the VAT paid by way of compensation. For paper invoices not bearing the VAT charge, the San Marino supplier follows the same procedure, but submits two copies of the invoice, instead of three. The Italian transferee, having received the stamped invoice, integrates it with the VAT number and notes it.