Introduced on 1 January this year, the Italian e-invoicing mandate and the strict archiving requirements for fiscal documents are well known by companies with business in the Apennine Peninsula. While some retailers are exempt from the e-invoicing mandate in the country, they must still comply with different auxiliary obligations. This includes transmission of the data from the electronic receipts in a daily aggregate report.
The daily aggregate report of the data contained in the electronic receipts (It.: scontrino elettronico) must be transmitted using certified hardware straight to the Italian Tax Authority, the Agenzia delle Entrate. The receipts (It.: corrispetivi) are the fiscal documents issued by companies which are out of the scope of the e-invoicing mandate. One of the features of the certified hardware, which is used for the creation and transmission of the electronic receipts and their daily aggregate report, is the storage of the data produced in the platform (It.: memorizzazione). But, a key consideration for companies is whether or not this capability ensures compliance with the general preservation requirements for fiscal documents. Or, should companies be concerned about the long-term preservation (It.: conservazione) of the data from the receipts and their correspondent report for tax purposes?
Although initially the memorization feature of the Italian certified hardware and the preservation requirement may sound redundant, the former doesn’t ensure compliance with the latter. Consequently, the memorization component embedded in certified hardware is not enough to release companies from the general conservation obligation set by the Italian legislation.
It is also important to understand that none of the regulations around the e-receipts, or their daily aggregate report, have added anything meaningful to the conservation procedures for electronic documents. The technical specifications around the certified hardware also refer to the Decree from 17 June 2014 which suggests the coexistence between the certified hardware and additional legal requirements. This means that retailers must store their electronic receipts and the daily aggregate report’s data through the ordinary acceptable method and aggregate the data in an archiving package which is digitally signed and timestamped. Other key considerations include appointing a preservation manager (It.: Responsabile della Conservazione) and maintaining a manual (It.: Manuale della Conservazione), where the preservation process is kept up-to-date and fully detailed for a fully compliant preservation process.
Companies relying exclusively on the memorization feature of the cash registers or other Italian certified hardware may face complications during an audit process, which may eventually result in fines. Therefore, these suppliers must seek alternatives to comply with the general preservation requirement for electronic fiscal documents.