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Taxation, import redesign: clarifying VAT deductions

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Taxation, import redesign: clarifying VAT deductions

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Taxation, import redesign: clarifying VAT deductions

The Milan-based ODCEC Accountants Foundation, led by Luigi Pagliuca, has taken a position on some interpretative issues related to the VAT deduction related to the new redesigned and dematerialized import declaration, which will be implemented from November 2022, through three new maxims, which do not provide for the use of paper forms to submit declarations or for printing them.

Specifically, with regard to the documentation required for the deduction of VAT, the specific working group considered that the recourse to the so-called “courtesy declarations without value” (instead of summary declarations for PUDM accounting purposes) does not exclude the “legitimate” information provided by freight forwarders and customs representatives, provided that they contain consistent information and values ​​that correspond to the main and original information present in the customs information system.

However, in terms of the VAT deduction deadline, the initial deadline coincides with the publication date (unchanged), while the final deadline coincides with the VAT return related to the year of publication.

Essentially, the Interpretation Principles are the result of timely interpretation and survey work on the subject, addressing the following interpretative questions: In the case of re-engineered imports, can import tax deductions exercised by the freight forwarder/customs representative be used for the purpose of deducting import VAT? What is the “holding” date of the customs declaration or the original declaration, from which date, and therefore, within which date, VAT deductions can be exercised on re-engineered imports (direct sales dematerialization)? What are the remedies available if the operator wrongfully (excluding arbitrary inertia) fails to exercise the right of deduction within the ceremonial period?

The members of the Milan ODCEC Accountants Foundation working group, coordinated by Andrea Bongi, which developed this interpretive principle, include: Francesco Zuech, Giovanni

Valkalengi, Luca Signorini, Luca Caramaschi, Massimo Siri, Matteo Balzanelli, Fabio Gallini, Sandro Cerrato, Roberto Curcu, Barbara Rossi, Fabrizio Giovanni Poggiani, Emanuele Pisati, Andrea Menegro and Massimo Oldani.

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