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The Italian Budget Law of 2021 will eliminate Esterometro reporting if approved

The esterometro is a tax obligation established 3 years ago. It requires VAT payers (with some exceptions) to communicate the data of commercial operations ,  carried out cross-border including within the EU, with non-resident companies The esterometer must be reported quarterly to the Agenzia Entrate ( Italian Revenue Agency)

Italy will abolish the esterometer tax reporting obligation on 1 January 2022. The data of transactions with foreign companies will be sent through the Exchange System (SDI or Sistema di Interscambio) as an electronic invoice (fattura elettronica or fatturapa), according to the following timelines:

  • Transmission of data related to the documents issued to foreign subjects must take place within the terms established by law for the issue of invoices (generally within twelve days from the date of the operation);
  • Taxpayers must send the documents received from foreign subjects to the SDI by 15th of the month following the month in which the documents are transmitted.

The fines and sanctions in the event of omitted or incorrect communication of cross-border transaction data also changes. The 2021 budget law modifies article 11, paragraph 2 of the legislative decree 18 December 1997, n. 471 , provided that:

“For transactions carried out starting from January 1, 2022, an administrative fine of € 2 per invoice is applied, up to a maximum limit of € 400 per month. The sanction is reduced by half, within the maximum limit of 200 euros for each month, if the transmission is made within fifteen days following the deadlines established by article 1, paragraph 3-bis of legislative decree August 5, 2015, n. 127, or if, within the same term, the correct transmission of the data is carried out “.

The Italian Chamber of Deputies approved Legge di Bilancio 2021 (2021 Budget Law) on 27 December 2020. The Budget Law must be approved by the Senate within the year, to enter into force on January 1, 2021.
The new SDI e-Invoice version 1.6.1 makes it possible to submit e-Documents for sales and purchases of goods and services to and from non-residents including reverse charge operations. The reporting of these documents will not be mandatory until 2022. But if these documents are submitted during 2021, taxpayers will be exempted from the reporting of esterometro. In 2022 it will totally replace esterometro. The filing of VAT documents, LIPE, registers and VAT return will be made automatically by submitting e-Documents through SDI system. Agenzia Entrate will introduce pre-completed VAT Returns after July 2021.
The new e-Invoice version has been applicable since October voluntarily and will be mandatory as of January 2021.


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