The Italian government recently published Law Decree n. 73, which introduces a threshold to the mandatory cross-border invoice reporting requirement that became effective on 1 July 2022.
According to article 12 of the Decree, taxpayers covered by the cross-border reporting mandate, who are obliged to transmit data relating to the sales of goods and provisions of services to and from non-Italian counterparties through the SdI using the FatturaPA format, are only required to report transactions that exceed the amount of EUR 5,000, for each single operation. This applies, more specifically, to purchases of goods and services not territorially relevant for VAT purposes in Italy pursuant to articles 7 to 7-octies of Presidential Decree 633/1972.
To report purchases from foreign business suppliers, the FatturaPA invoice must be submitted through the SDI by the 15th day of the month following the month in which an invoice or document issued by the foreign supplier is received or when the transaction took place from a VAT perspective.
To report supplies of goods or services to foreign business customers, taxpayers must follow the standard deadline provided by the Italian law for the issuance of e-invoices, which is, as a general rule, 12 days from the date on which the transaction took place, from a VAT perspective.
This means that if the taxpayer fails to report, or if the transmission is done after the deadline or inadequately, the applicable penalties will only apply to transactions not subject to the new exception described above. According to art. 1 co. 1104 of Law no. 178/20, the sanction applied is an administrative fee of EUR 2 for each invoice, within the maximum limit of EUR 400 per month. The penalty is reduced to half, within the limit maximum of EUR 200 for each month, if the transmission is made within the fifteen days following deadlines.
