on 15 January 2019, on the occasion of the forum organised by the Italian board of chartered tax advisors and accountants, the Italian tax authority has provided important explanations regarding the invoice date to be indicated in e-invoices.
In particular, it was clarified that:
- issued from 1 January to 30 June 2019, shall bear the date of transaction (section 21 of DPR 633/1972).
Example: In the case of services that are considered to have been supplied for VAT purposes at the time of payment of the consideration, the date of payment of the consideration shall be considered as the date of issue.
The invoice is considered to have been issued at the time of submission to the data interchange system - SdI;
- from 1 July 2019, e-invoices may be issued within 10 days from the date of transaction (section 11 of Decree-Law No. 119/2018). Hence, e-invoices may also bear a different date of issue than the data on which the transaction was carried out. If the date of issue of the e-invoices does not coincide with the date of transaction, the e-invoice must also bear the date of transaction (section 21 (2) (letter g-bis) of DPR 633/1972).
Collective e-invoices issued before or after 30 June 2019 shall always bear the date of issue (time of submission to the data interchange system - SdI) since the respective date of transaction may be derived from the data contained in the transport documents.
Example: A supplier (taxpayer accounting for VAT on a monthly basis) makes a series of deliveries in January by issuing N transport documents; he issues the collective e-invoice relating to the aforementioned N deliveries of January on 14 February.
In that case, the following steps are required:
- in the collective e-invoice, 14 February must be considered as invoice date (i.e. the date of issue/submission of the e-invoice to the data interchange system - SdI). Please note: It is not possible to backdate the collective e-invoice to the end of the previous month, considering 31 January as "date" of the XML file;
- the collective e-invoice must bear the number and date of the transport documents;
- the VAT of the collective e-invoice of 14 February must be included in January's VAT payment (i.e. the month in which the transaction was carried out).
HAGER & PARTNERS.