2023 moms Formvejledning Italien
Moms Returnering 2023 - Vejledning til kompilation
Beslægtede formularer
- 2023 moms Form Italien - Momsmodel 2023
Revenue
Agency
genzia
ntrate
VAT
VAT Return 2023
Tax period 2022
INSTRUCTIONS FOR THE COMPILATION
1. VAT RETURN FORMS FOR THE YEAR 2022 -
4. INSTRUCTIONS FOR THE COMPLETION OF THE
FORMS
GENERAL INSTRUCTIONS
4.1 Front cover
4.2 Form
15
21
21
24
25
26
26
31
39
40
42
42
43
44
45
49
49
56
62
63
Foreword – Main amendments to the forms
1.1 Layout of the form
2
2
4.2.1 Part VA
4.2.2 Part VB
1.2 Deadlines and procedures for submitting
the declaration
3
4.2.3 Part VC
4.2.4 Part VD
4.2.5 Part VE
2. GENERAL INFORMATION
4.2.6 Part VF
4.2.7 Part VJ
4.2.8 Part VH
4.2.9 Part VM
2.1 Availability of forms - Payments and installments
6
2.2 Subjects required to file the return and subjects
exempted
6
7
2.3 Special return filing cases
4.2.10 Part VK
4.2.11 Part VN
4.2.12 Part VQ
4.2.13 Part VL
4.2.14 Part VT
4.2.15 Part VX
4.2.16 Part VO
4.2.17 Part VG
4.2.18 Part VP
4.3 Controlling company - summarising prospectus for
3. FORMS TO BE USED BY THE DIFFERENT
CATEGORIES OF TAXPAYERS
3.1 Taxpayers with unified vat accounts
9
9
3.2 Taxpayers with separate accounts (art. 36)
3.3 Taxpayers with extraordinary transactions (mergers,
divisions, etc.) or other substantial subjective
transformations
10
13
3.4 Controlling and controlled bodies and business
companies (art. 73)
the group form VAT 26PR/2023 - payment of group
VAT
64
4.4 Part CS
70
APPENDIX
72
NOTE: unless otherwise specified, the articles of law mentioned refer to Presidential Decree no. 633 of 26 October 1972 and subsequent amendments
VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
VAT 2023
1. VAT RETURN FORMS FOR THE YEAR 2022 -
GENERAL INSTRUCTIONS
Foreword
The VAT/2023 annual declaration model must be used to present the VAT declaration concerning the 2022 tax year.
It is pointed out that for the annual VAT return the VAT/BASE 2023 form may be used instead of this one. For infor-
mation regarding which taxpayers may use the VAT/BASE 2023 form please consult the completion instructions. The
amounts must be reported in units of euro by rounding up if the decimal fraction is equal to or higher than 50 cents of
a euro and by rounding down if the amount is lower than this limit. To this end, in the spaces reserved for the amounts,
two zeros have been pre-printed after the comma.
Main amendments to the forms
Reported below are the main general amendments introduced in the 2023 VAT return forms.
ANNUAL VAT RETURN FORM
PART VO
In section 3, line VO35 reserved for agricultural enterprises also carrying out the wine tourism activity, the box notify-
ing the revocation of the option for the ordinary application of VAT and income has been introduced.
PART CS
This part, recently introduced, has been designed to allow taxable persons to pay the extraordinary contribution re-
ferred to in article 37 of Decree-Law no. 21 of 21 March 2022, to fulfil the related returns obligations. The part must
be completed by persons who, once verified the existence of the conditions for the application of the contribution, are
required to make the relative payments and by persons who, as a result of the provisions of art. 1, paragraph 121, lett.
a) and b), of Law no. 197 of 2022 are required to pay the remaining amount by 31 March 2023 or wish to request a
refund or use the higher amount paid for offsetting purposes.
1.1 LAYOUT OF THE FORM
The VAT return form features a modular structure and is made up of:
– The front cover consists of two sides;
– a form, consisting of several parts (VA-VB- VC-VD-VE-VF-VJ-VH-VM-VK-VN-VL-VP-VQ-VT-VX-VO-VG), which
must be filled in by any taxpayer to indicate accounting details and other data concerning the activity performed.
The parts VB - VN -VP-VQ -VG shall be filled in, always beginning with the first module (even in the presence of mul-
tiple modules, as a result of separate accounting or substantial subjective transformations). The completion of several
modules of any of these parts does not change, in fact, the number of modules which make up the declaration.
Controlling bodies or commercial companies must include in their statement also the prospectus VAT 26 PR/2023
(parts VS-VV-VW-VY-VZ) for the indication of the data concerning VAT payment as a group pursuant to art. 73 and
Ministerial De-cree of 13 December 1979 as amended in the Ministerial Decree dated 13 February 2017.
The taxpayers with separate accounts (art. 36) must file the front cover and a form for each separate account. Parts
VC, VD, VH, VM, VK, VT, VX and VO and section 2 of part VA and sections 2 and 3 of part VL must be filled in once
on the first form with the indication of the data summarizing all activities.
In the particular case of a taxpayer adopting, even if in different periods of the year, different tax systems (e.g. a normal
VAT system and a special system for agriculture), it is necessary to fill in several forms to distinctly indicate the ope-
rations concerning each system (see also the instructions in sub-part VF).
The top part of all the pages making up each form must report the taxpayer's tax code and the progressive number
of the form to which the page belongs. In the case of a return presented by a VAT Group, referred to in Articles 70-bis
and subsequent amendments, the tax code attributed to it must be reported (circular no.19/E of 2019 specified that
the VAT number attributed to the Group also assumes the validity of tax code).
In case of a return including just one form, the number "01" must be reported on all the pages. Furthermore, for each
filled in form, the boxes (at the bottom of Part VL) concerning the filled in parts must be crossed.
NOTICE: for the correct filling in of the return it is hereby specified that if there are no significant data or va-
lues to be indicated in a part, that part must not be filled in; the value zero is to be considered as an insigni-
ficant value for data purchase purposes. Consequently, the boxes concerning the filled in parts (at the foot
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VAT RETURN FORMS FOR THE YEAR 2022
of part VL) relating to parts with values equal to zero or without any other requested data must not be cros-
sed. Part VH is an exception as its completion is deemed particular. This will be further illustrated in para-
graph 4.2.8.
In case of mergers, divisions, conferring of company or other extraordinary operations or substantial subjective tran-
sformations, the declarant (incorporating, beneficiary, conferring company etc.) must produce, in addition to one (or
more) forms for the indication of his/her data, also one (or more) forms for the indication of the data concerning the
other subjects participating in the transformation (see paragraph 3.3 "Taxpayers with extraordinary operations").
1.2 DEADLINES AND PROCEDURES FOR SUBMITTING THE DECLARATION
1.2.1 – SUBMISSION DEADLINES
Based on article 8 of the Decree of the President of the Republic no. 322 of 22 July 1998, as amended, the VAT de-
claration for the year 2022 must be submitted in the period between 01 February and 02 May 2023.
The Decree of the President of the Republic no. 322 of 22 July 1998, does not provide for a deadline for delivering
the declaration to the intermediaries, who shall then see to electronic transmission, but solely establishes the deadline
by which the declarations must be submitted to the Italian Revenue Agency electronically.
Pursuant to articles 2 and 8 of the Decree of the President of the Republic no. 322 of 22 July 1998, as amended, the
declarations submitted by ninety days of the expiration of the aforementioned deadlines are valid, without prejudice
to the application of the penalties provided for by law. However, those submitted with a delay exceeding ninety days
are considered omitted, but constitute grounds for collecting the tax that results as owed.
To consult the information on penalties and to voluntarily correct the declaration’s requirements, visit the Italian Reve-
1.2.2 – SUBMISSION PROCEDURES
The declaration to be submitted exclusively electronically to the Revenue Agency may be transmitted:
a) directly;
b) through a qualified intermediary pursuant to art. 3, paragraph 2, of the Decree of the President of the Republic no.
322 of 22 July 1998;
c) through other assigned subjects (for Public Administrations);
d) through companies belonging to the group.
The declaration is considered as submitted on the day on which the reception by Revenue Agency is concluded. Proof
of submission of the declaration is provided by the notification attesting to the reception of the data, also issued elec-
tronically.
ATTENTION: the electronic service, immediately after sending, returns a message that confirms only that the
file’s has been received, and then provides the user with another communication attesting to the outcome of
the processing operation done on the received data; in the absence of errors, this communication confirms
the submission of the declaration.
a) Direct submission
The subjects that choose to submit their declaration directly must use the elctronic Entratel or Fisconline services ba-
sed on the requirements possessed for obtaining qualification.
The subjects other than natural persons perform the electronic interchange of the communication by their own officers
appointed in the manner described in the Circular no. 30 / E on 25 June 2009 and in the relevant technical annex.
te.gov.it.
ATTENTION: Non-resident subjects that have identified themselves directly for VAT purposes in the State’s
territory pursuant to art. 35-ter, submit the declaration through the electronic Entratel service.
For these subjects the qualification for the electronic Entratel service is issued by the Pescara Operational
Centre, Via Rio Spar-to 21, 65129 Pescara, along with the attribution of the VAT Registration, based on the da-
ta contained in the declaration for direct identification and the printout of the attachment that the party other
than the natural per-son prints out after having pre-registered with the Entratel service. Said office sees to
mailing to the applicant or delivering to an assigned subject (bearing an appropriate delegation and his or her
own and the delegating party’s identification document) the virtual envelope, whose number is used to wi-
thdraw the credentials nee-ded to generate the security environment and, if the user is a natural person, for
access to the log-in area of the Revenue Agency’s website
b) Submission through a qualified intermediary
The intermediaries indicated in art. 3, paragraph 3, of the Decree of the President of the Republic no. 322 of 22 July
1998, as amended, are required to transmit to the Revenue Agency, electronically, both the declarations prepared by
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VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
them on behalf of the declarant, and those prepared by the declarant him or herself, and for which they have taken
on the commitment to electronic submission.
Qualified intermediaries belonging to the following categories are required to submit declarations electronically:
• those entered in the registers of business managers, certified public accountants, commercial experts, and labour
consultants;
• those entered as of 30 September 1993 in the registers of experts kept at the chambers of commerce for the taxes
sub-category, holding a university degree in jurisprudence or economics and commerce, or the equivalent, or an ac-
counting diploma;
• those entered in the registers of attorneys;
• tax lawyers - associated firms;
• tax lawyers - professional partnerships;
• Registered in the register of statutory auditors pursuant to Italian Legislative Decree no. 39 of 27 January 2010;
• trade union associations between entrepreneurs pursuant to art. 32, paragraph 1, letters a), b) and c) of legislative
decree no. 241 of 1997;
• associations prevalently of subjects belonging to ethnic/linguistic minorities;
• tax assistance centres (CAF) – employees;
• tax assistance centres (CAF) – enterprises;
• those habitually exercising tax consulting activity;
• notaries public entered in the register indicated in art. 24 of law no. 89 of 16 February 1913;
• those entered in the registers of agronomists and engineers in forestry, agriculturalists, and farm experts;
• Companies among professionals enrolled in the Registry of Chartered Accountants;
• Companies among professionals enrolled in the Registry of Employment Consultants.
Also required to submit electronic declarations are the professional studios and services companies in which at least
one half of the associates or more than one half of the share capital is held by subjects entered in certain registers or
boards, as specified by the executive decree of 18 February 1999.
These subjects may meet the obligation of submitting the declarations electronically by relying on stakeholdings of
the national boards, orders, and registers identified in the aforementioned decree, of the respective enrolees, of the
associations representing same, of the national social security funds, and of the individual members of said associa-
tions.
c) Submission through other assigned subjects(for Administrations)
Public Administrations, too, including those with autonomous organization, are required to submit the VAT declaration
exclu-sively electronically, through the Entratel service and in accordance with the deadlines established by art. 4 of
the De-cree of the President of the Republic no. 322 of 22 July 1998.
These subjects may rely on other subjects assigned for the electronic transmission of declarations, in particular:
• The Ministry of Economy and Finance, also through its information system, for the declarations of the State admini-
strations for which, in the tax period to which they refer, it has ordered the payment, in any form, of compensation
or other values subject to withholding at the source;
• Administrations pursuant to art. 1, paragraph 2, of legislative decree no. 165 of 30 March 2001, for the declarations
of the offices or structures functionally referable to them. Each Administration in its own sphere may transfer the
transmission of the declarations based on the internal organizational model or system (see the decree of 21 De-
cember 2000, published in Gazzetta Ufficiale no. 3 of 04 January 2001).
Electronic submission of declarations by public subjects must be carried out in accordance with the procedures esta-
blished by art. 3 of the Decree of the President of the Republic no. 322 of 22 July 1998 and may regard, in addition to
the yearly VAT declaration, the declaration of tax substitutes and the IRAP declaration as well.
The Revenue Agency, with circular no. 24/E of 13 March 2001 (published in Gazzetta Ufficiale no. 79 of 4 April 2001),
and with the provision of the Director of the Revenue Agency of 18 November 2008, illustrated the procedures by
which State administrations may rely on other assigned subjects for the electronic submission of their declarations.
d) Submission through group companies
In the sphere of group companies, as provided for by art. 3, paragraph 2-bis of the Decree of the President of the Re-
public no. no. 322 of 22 July 1998, in which at least one company or entity is required to submit declarations electro-
nically, the transmission thereof may be carried out by one or more subjects in the same group exclusively through
the electronic Entratel service.
The parent entity (even non-commercial) or company (including partnerships) and subsidiaries are considered as be-
longing to the group. Joint-stock companies, partnerships partly limited by shares, and limited liability companies who-
se shares or stocks are held by the parent entity or company or through another company held by it for a percentage
exceeding 50 percent of the capital starting from the beginning of the previous tax period are considered as subsidia-
ries. This provision in any event applies to companies and entities required to draw up the consolidated financial sta-
te-ments pursuant to legislative decree no. 127 of 9 April 1991 and and legislative decree no. 136 of 18 August 2015,
and to companies subject to corporate income tax (IRES – imposta sul reddito delle società,) indicated in the list pur-
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VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
suant to paragraph 2, letter a), of art. 38 of the aforementioned legislative decree no. 127 and in the list pursuant to
paragraph 2, letter a), of art. 36 of the aforementioned legislative decree no. 136.
The group company may carry out the electronic submission of the declarations of the other companies that belong
to the same group when the commitment to submitting the declaration is made.
Companies belonging to the same group that operate as tax representatives of foreign companies may also rely on
the same electronic submission procedures, provided that said foreign companies do not belong to the same group.
It is possible to submit, at the same time or at different times, some declarations directly and others through the group
companies or an intermediary. The companies and entities that meet the online submission obligation by relying on a
qualified intermediary or a group company are not required to request qualification for electronic transmission.
To task another group company with the electronic submission of its declaration, the declaring company must deliver
its declaration, duly signed, to the assigned company, which must meet all the obligations established for electronic
submission by qualified intermediaries and described in the following paragraph.
Documentation to be issued to the declarant to prove the submission of the declaration. Based on the provi-
sions contained in the Decree of the President of the Republic no. no. 322 of 22 July 1998 he qualified intermediaries,
the group companies or other assigned companies (group companies or other Administrations) must:
• issue to the declarant, at the same time as the reception of the declaration or the taking up of the assignment for
preparing it, the commitment to submit, electronically, to the Revenue Agency, the data contained in it, specifying
whether the declaration was delivered to already compiled or whether it is to be prepared by them; said commit-
ment shall be dated and signed, although issued in free form. If the taxpayer has given the assignment for the pre-
paration of multiple declarations or communications, the appointee must release to the declarant, even if not re-
quired, the commitment to transmit the data contained in the statements or communications. If the declarations
and communications for which the person in charge undertakes to transmit the data contained therein electroni-
cally to the Revenue Agency are indicated therein, the cumulative commitment can be contained in the professio-
nal assignment signed by the taxpayer. The commitment is intended as conferred for the duration indicated in the
commitment itself or in the professional mandate and, in any case, until 31 December of the third year following
the year in which it was issued, unless the taxpayer expressly revokes it. The date of this commitment, along with
the personal signature and the indication of the declarant’s tax code number, shall then be reported in the specific
“Undertaking to electronic submission” square in the declaration’s frontispiece;
•
also issue to the declarant, by no later than 30 days of the deadline established for submitting the declaration elec-
tronically, the original of the declaration whose data were transmitted, drawn up on the model in compliance with
that approved by the Revenue Agency, along with a copy of the notification from the Revenue Agency attesting to
its having been received.
Said communication is proof for the declarant of having submitted the declaration, and shall be kept by the decla-
rant, along with the original of the declaration, duly signed, and with the remaining document for the period esta-
blished by art. 57, in which the checks by the Financial Administration may be carried out;
• Conserve a copy of the transmitted declaration – which may be on computer support – for the same period esta-
blished by art. 57, for the purpose of its being shown to the Financial Administration at the time of the check.
The taxpayer shall therefore verify accurate compliance with the aforementioned obligations by the intermediary, re-
porting any non-compliance to any office in the region where the taxpayer has fixed tax domicile, and shall, where ne-
cessary, rely on another intermediary for the electronic transmission of the declaration so as not to incur the violation
of omission of the declaration.
Notification of submission of the declaration
The communication by the Revenue Agency attesting to the submission of the declaration sent electronically is tran-
smitted via the same channel to the user that sent it.
Said communication may be consulted in the “Received” section of the Revenue Agency website, reserved for users
registered with the online services. The same reception notification may be requested with no time limits (both by the
taxpayer and by the intermediary) at any office of the Revenue Agency.
With regard to the verification of the promptness of the declarations submitted online, the declarations transmitted by
no later than the deadlines established by no. 322 of 22 July 1998, but discarded by the online service shall be con-
sidered prompt, provided they are retransmitted by no later than give days after the date contained in the communi-
cation from the Revenue Agency attesting to the reason for the discard (cf. circular of the Ministry of Finance – Income
Department no. 195 of 24 September 1999).
Responsibility of the qualified intermediary
In the event of late transmission or of non-transmission of the declarations, art. 7-bis of legislative decree no. 241 of
09 July 1997 levies upon the intermediaries a penalty for which the voluntary correction pursuant to article 13 of le-gi-
slative decree no. 472 of 1997 must be deemed permitted, in accordance with the procedures last set out with cir-
cular 52/E of 27 September 2007.
The qualification is also to be revoked when, in carrying out the activity of transmitting the declarations, grave or re-
peated irregularities are committed, or in the presence of suspension measures issued by the professional’s own or-
der, or in the case of revocation of the authorization to exercise the activity by the tax assistance centres.
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VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
2. GENERAL INFORMATION
-
2.1 AVAILABILITY OF FORMS PAYMENTS AND INSTALLMENTS
Availability of forms
VAT return forms and relevant instructions are not printed by the financial administration but are made available free
of charge in electronic format and can be retrieved from the site of the Revenue Agency www.agenziaentrate.gov.it
in compliance with the technical characteristics established in the approval measure. These forms can be printed in
black and white.
Payments and installments
The VAT payable according to the annual VAT return must be paid by 16 March of every year if the relevant amount exceeds
euro 10.33 (10.00 euro as a result of the rounding up).
If the payment term falls on a Saturday or on a holiday, this term is extended to the first following working day.
Taxpayers can pay the amount due all at once or by instalments, pursuant to art. 20 of the Legislative Decree no. 241
of 9 July 1997. The amounts must be equal, and the first payment must be made by the deadline when the entire
amount of VAT must be paid. The following payments must be made by the 16th of each following month. In any case
the last payment must be made by November 16th.
After the first payment, there is a fixed instalment interest rate of 0.33% each mount; therefore, it is necessary to add
0.33% to the second payment, 0.66% to the second payment and so forth.
The payment may be deferred up to the deadline for the payment of sums due on the basis of the income declaration
(to be submitted by June 30 according to art 17 paragraph 1, first period of the Decree of the President of the Republic
no. 435/2001) with an increase of 0.40 % interest for each month, or fraction of a month following, 16 March (article
6, paragraphs 1 and 7, paragraph 1, letter b). According to the Decree of the President of the Republic no. 542 of
1999, even those business that do not coincide with the solar year may defer VAT payemnts by paying the amount by
30 June regardless of the different terms of payments for revenue tax (the terms of payment described in art 17 pa-
ragraph 1, first period of the Decree of the President of the Republic no. 435/2001 also apply to these subjects). A sur-
plus of 0.40% for every month, or every fraction of the month,is applied to the part of the debt that is not compensated
with te credits reported in the F24 module.
In summary, the subject can:
- Pay in one instalment by the 16 March or pay in various instalments with a monthly surplus of 0.33% to the amount
of each payment following the first;
- Make one payment by 30 June with a surplus of 0.40% for each month, or a fraction of the month following 16 March
or pay in instalments starting from the first payment day, initially adding 40% for each month, or fraction of the month,
following 16 March, thus with a monthly surplus of 0.33% to the amount of each payment following the first.
It is also possible to further defer VAT payments by the terms established in paragraph 2 of art. 17 of the Decree of
the President of the Republic dated 30 July 2001, by applying interest rates of 0.40% (see also resolution no. 73 dated
20 June 2017) to the amount owed by 30 June (net compensations).
Fiscal fulfilments and payments of the amounts stated in art 17 of the legislative decree no. 241, dated 9 July 1997,
including instalments, that have a deadline from 1st to 20 August of each year, may be paid by the 20th of the same
month without further interests (art. 37 paragraph 11-bis, legislative decree no. 223 dated 2 July 2006).
2.2 SUBJECTS REQUIRED TO FILE THE RETURN AND SUBJECTS EXEMPTED
As a general rule, the subjects obliged to file their annual VAT return are all the taxpayers practising business activi-
ties as well as artistic and professional activities under articles 4 and 5 and the holders of a VAT registration number.
For the filing of the statement by taxpayers belonging to special categories (receivers, the taxpayer's heirs, parent
companies, beneficiary companies in case of division etc.), please refer to paragraphs 2.3 and 3.3.
The following categories are exempted from submitting the VAT return:
– taxpayers who for the fiscal year only recorded transactions considered exempt under article 10, as well as taxpa-
yers who, having taken advantage of the exemption from the
obligations to invoice and record under article 36-bis, only carried out exempt transactions. Obviously the exemption
does not apply if the taxpayer has also performed taxable operations (still referring to activities managed with separate
accounting systems) or if inter-community operations have been recorded (article 48, paragraph 2, Decree Law no.
331 of 1993) or adjustments have been made according to art. 19-bis2 or purchases have been made for which tax
is due from the transferee on the basis of specific dispositions (purchases of gold, pure silver, scrap etc…);
– Tax payers that rely on the flat-rate scheme for natural persons carrying out business activity, arts and professions
as provided for by article 1, paragraphs from 54 through 89, of law no. 190 of 23 December 2014;
– taxpayers who have opted for the tax regime for young businesspeople and unemployed workers as provided for
by article 27, paragraphs 1 and 2, of Decree Law no. 98 of 6 July 2012;
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VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
– agricultural producers who are exempt from the fulfilment of the obligations under the paragraph 6 of article 34;
– taxpayers who carry out activities relating to the organization of games, entertainment and other activities set out in
the tariff enclosed under Presidential Decree no. 640 of 26 October 1972, who are exempt from the fulfilment of VAT
obligations under the sixth paragraph of article 74 and who did not opt for the application of VAT in the ordinary man-
ner (see Appendix under "Entertainment and performing activities");
– individual firms that have rented their only company and do not practice any other VAT related activity (see circular
letters no. 26 of 19 March 1985 and no. 72 of 04 November 1986);
– taxable persons in the circumstances referred to in the second period of paragraph 3 of article 44 of Decree Law
no. 331 of 1993 if, during the tax year they have only carried out transactions, which are not taxable, which are
exempt, which are not subject to VAT or which do not carry an obligation to pay the tax;
– subjects who have opted for the applications of the dispositions provided for by Law number 398 of 16 December
1991 regarding VAT exemption for all earnings obtained from commercial activity associated with institutional aims
(see Appendix under the entry: "Entertainment and performing activities");
– The subjects domiciled or residing outside the European Union, and not identified in a European Community setting,
that have identified themselves for VAT purposes in the State’s territory with the procedures provided for by art. 74
quinquies for the meeting of the obligations with regard to all services rendered to customers, that are not taxable
persons;
– occasional gatherers of referred to in the ATECO 02.30 class and occasional pickers of spontaneous officinal
plants pursuant to art. 3 of Legislative Decree 21 May 2019, no. 75, which in the previous calendar year, achieved
a turnover not exceeding € 7,000 (art. 34-ter).
2.3 SPECIAL RETURN FILING CASES
A - Bankruptcy or judicial liquidation and forced administrative liquidation
Bankruptcy of judicial liquidation during the 2022 tax period
If the bankruptcy proceedings have started during the year 2022 receivers and court-appointed liquidators, shall file
the VAT return concerning the entire tax year, inclusive of two forms: the first form concerns the transactions recorded
in the part of the calendar year preceding the declaration of bankruptcy or judicial or forced administrative liquidation
(remembering to cross the box in line VA3); the second form concerns the transactions recorded after this date. All
the parts must be filled in both forms, including section 2 in part VA and sections 2 and 3 in part VL. Parts VT and VX,
on the other hand, must be completed on form no. 01 only.
As regards part VX the following possibilities must be considered:
a) output VAT resulting from the form concerning the transactions performed in the fraction of the year preceding the
declaration of bankruptcy or judicial or forced administrative liquidation (1st period).
In this case part VX must mention only the credit or the debt resulting from part VL in the form concerning the period
after the declaration of bankruptcy or judicial or compulsory administrative liquidation (2nd period), as the balances
resulting from section 3 of part VL of the two forms cannot be compensated or added together;
b) input VAT in the 1st period.
In this case, on the other hand, part VX must report the balances compensated or added together, resulting from
section 3 of part VL of each form.
With regard to the transactions recorded in the part of the calendar year before the declaration of bankruptcy or judicial
or forced administrative liquidation, the official receivers and court-appointed liquidators are also required to file a re-
levant return exclusively to the Revenue Agency Office in charge, also electronically, within 4 months from the
nomination, for the purposes of legally proving the bankruptcy procedure. This return must be completed using the
specific VAT 74-bis form, approved with the measure of 15 January 2019, which, among other things, does not al-
low the request of a reimbursement for any input VAT resulting from the form (see resolution no. 181/E of 12 July
1995).
Judicial liquidation after the end of the 2022 tax period
If the bankruptcy proceedings have started in the period between 1 January 2023 and the deadline established by the
law for the filing of the VAT return form concerning 2022, and if this return is not considered as filed by the taxpayer
subject to judicial liquidation or forced administrative liquidation, said return must be filed by the official receivers or
court-appointed liquidators within the ordinary terms, i.e. within four days from nomination if this term expires after the
ordinary filing term.
In the latter case the obligation to submit the specific VAT 74-bis form, to the competent office of the Revenue
Agency exclusively by electronic means and within four months of the appointment of the receiver or liquidator.
B - Discontinuation of business
Those subjects who have discontinued their business are required, pursuant to art. 35, paragraph 4, to file their last
annual statement in the year following the year of discontinuation of business, within the normal terms.
In particular, for companies the business is considered to have been discontinued on the date of completing the tran-
sactions concerning the company's liquidation.
In the special case of a taxpayer discontinuing his or her business in the course of the year 2022 (with consequent
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VAT RETURN FORMS FOR THE YEAR 2022
closing of the VAT number) and resuming the same or another business in the course of the same year (opening a
new VAT number), the taxpayer in question must file one single VAT return consisting of:
– the front cover, which must report the VAT number of the last activity practiced in the year 2022 in the part concer-
ning personal details
– a form (form no. 01), in which all the parts concerning the last activity practiced must be completed. The part VTꢀ
and VX must be completed only in form no. 01 in order to summarize the data of both companies;
– a form, in which all the parts must be completed by reporting the data concerning the first activity practiced in the
year and indicating in particular in line VA1, field 1, the corresponding VAT number.
It is hereby specified that in this case, for the correct filing of the statement, reference can be made to the instructions
concerning cases of substantial subjective transformation (par. 3.3).
C - Non resident taxpayers
Reported below are the instructions to fill in and file the return in relation to the different ways in which the non resident
taxpayer may have operated in the territory of the State during the tax year in question.
Non resident taxpayers operating through a tax representative
The statement concerning foreign taxpayers, whose details must be reported in the taxpayer's part, is filed by the tax
representative who must report his or her own name in the part concerning the taxpayer by reporting appointment co-
de 6. If the non-resident taxpayer has changed tax representative during the tax year, the return must be filed by the
tax representative operating at the time of filing the return. This representative shall report his or her own details in
the part concerning the taxpayer and summarize the data of the transactions performed in one single form during the
year by the non-resident taxpayer.
Non resident taxpayers operating through direct identification pursuant to art. 35-ter
In this case the return must be filed by reporting the details of the non resident taxpayer in the relevant part; for tax-
payers who are not individuals this part shall report the representative's details with appointment code 1.
Non resident taxpayer who has operated through a tax representative in the same tax year and has identified
him/herself directly
Pursuant to the art. 17, third par., tax representation institutes and direct identification bodies play an alternative role
to each other. Therefore, if a non resident taxpayer in the same tax year performs transactions in Italy both through a
tax representative and with direct identification, the annual filing obligation must be fulfilled by the taxpayer on
the date of filing the return by means of one single return consisting of several forms in relation to the institutes
that the non resident taxpayer has used throughout the year. For filling in the forms in these particular circumstances,
the following instructions are provided by way of example, as an integration to the general instructions.
1) Passing from a tax representative to direct identification
a) if, in the course of the year to which the return is referred, the non resident taxpayer has operated through a
tax representative and has subsequently identified him/herself pursuant to art. 35-ter, the return must consist of the
front cover and two forms:
– in the front cover the non resident taxpayer shall report the VAT reg. no. assigned after filing the form ANR and
used by the taxpayer to fulfill VAT obligations;
– form no. 01 shall report the operations performed through direct identification, filling in only in this form also sec-
tion 2 in part VA, sections 2 and 3 of part VL and parts VC, VH, VM, VT, VX and VO summarizing all the opera-
tions performed by the non resident taxpayer;
– form no. 02 shall report the operations performed using a tax representative. Line VA1, field 5, shall contain the
VAT reg. no. originally assigned to the non resident taxpayer after filing the form AA7 or AA9 and used by the re-
presentative to fulfill VAT obligations.
b) if the changeover has taken place between 1 January and the date of filing the return, the return made up of
one single form shall be filed by reporting the details of the non resident taxpayer in the taxpayer part and the VAT
reg. no. assigned to the taxpayer after filing the form ANR. Line VA1, field 5, must contain the VAT reg. no. used by
the tax representative to fulfill VAT obligations and subsequently cancelled.
2) Passing from direct identification to the tax representative
a) if in the course of the year to which the return refers, the non resident taxpayer has operated through direct
identification pursuant to art. 35-ter and has subsequently availed himself of a tax representative, the return must
consist of the front cover and two forms:
– the front cover must report the details of the non resident taxpayer and the VAT reg. no. assigned after filing form
AA7 or AA9 and used by the tax representative to fulfill VAT obligations. The part concerning the taxpayer must
report the taxpayer's details and appointment code 6;
– form no. 01 shall report the operations performed through the tax representative, filling in only in this form also
section 2 in the part VA, sections 2 and 3 of part VL and parts VC, VH, VM, VT, VX and VO summarizing all the
8
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VAT RETURN FORMS FOR THE YEAR 2022
operations performed by the non resident taxpayer;
– form no. 02 shall report the operations performed through the institute of direct identification, indicating, in line
VA1, field 5, the VAT reg. no. attributed to the non-resident subject and the VAT number used by the same to di-
rectly absolve VAT obligations and subsequently extinguished.
b) if the changeover has taken place between 1 January and the date of filing, the return made up of one single
form shall be filed by reporting the details of the non resident taxpayer and the VAT number assigned to the taxpa-
yer after filing the form AA7 o AA9 in the taxpayer part.
In the declarant part, the tax representative shall report his/her own details with appointment code 6. Line VA1, field
5, must contain the VAT reg. no. assigned to the non resident taxpayer after filing the form ANR.
Non resident taxpayers operating through a stable organization
The declaration of the non-resident subject who has worked in Italy through a stable organisation must be presented follo-
wing the indications provided for the information of the VAT contributors. It is pointed out that permanent organisations esta-
blished in Italy may not operate through a tax representative or through direct registration in order to meet the VAT obliga-
tions pertaining to operations carried out directly by the parent company. As set out in Circular no. 37 of 2011, in fact, for
sales of goods and provision of services by non-resident subjects, but with permanent organisation in Italy, to purchasers
or their commission agents who are not subject to tax or not residents, VAT must be paid by the seller or service provided
using the VAT registration number assigned to the permanent organisation. Such operations, distinguished by a separate
series of numbers at the time of issue of the invoices and recorded in a specific register, will be subject to a specific annual
return form submitted by the permanent organisation.
3. FORMS TO BE USED BY THE DIFFERENT
CATEGORIES OF TAXPAYERS
3.1 TAXPAYERS WITH UNIFIED VAT ACCOUNTS
As specified above (see paragraph 1.1), taxpayers with unified accounting systems in terms of VAT must complete
their modularly structured return form consisting of:
– the front cover containing, in particular, the taxpayer's details and the signature of the return;
– a form, consisting of several parts (VA - VB - VC - VD - VE - VF - VJ - VH - VM- VK - VN - VL - VP- VQ- VT - VX -
VO - VG), to be filled in by every subject to report accounting data and other data concerning the business perfor-
med;
(
)
3.2 TAXPAYERS WITH SEPARATE ACCOUNTS ART. 36
As mentioned in the foreword (sub-paragraph 1.1), those taxpayers who were engaged in more than one business
activity for which, by law or by choice, they have kept separate accounting books pursuant to Art. 36, must fill in, in
addition to the front cover, as many forms as the accounting systems they follow.
In particular, it is specified that:
– the data to be reported in section 1 of part VA and in section 1 of part VL, as well as parts VE, VF and VJ concern
each single separate accounting system and must therefore be filled in each form;
– on the other hand, the data to be reported in section 2 of part VA and in sections 2 and 3 of part VL and parts VC,
VD, VH, VM, VK, VT, VX and VO concern the total of the activities performed and therefore must be summarized in
just one form, namely in the first form completed.
NOTICE: it is specified that if several activities are performed using separate accounts, with one of these ac-
tivities being exempt from the obligation of filing the VAT return, for this activity there is no obligation to in-
clude the relevant form in the return (e.g. farmers under art. 34, par. 6, proprietors of entertainment busines-
ses under art. 74, par. 6).
Instead, taxpayers performing both taxable and exempt activities with separate accounts shall include the
form concerning the exempt activity performed in their return, too. If the taxpayer is exempt from obligations
pursuant to art. 36 bis, the form concerning the exempt activity shall include the accounting data concerning
purchases and the amount of the exempt operations under nos. 11, 18 and 19, and par. 3 of art. 10, for which
the obliga-tion of invoicing and registration remains.
Taxpayers who are legally obliged (art. 36, par. 2 and 4) to keep separate accounts for the activities they perform shall
refer to their relevant business turnovers to establish whether their VAT returns shall be filed monthly or quarterly.
On the other hand, those taxpayers who voluntarily adopt separate accounts shall refer for this purpose to the total
business volume of their activities.
Consequently, if separate accounts are kept by law, the taxpayer may be required to make monthly payments for one
(or more) activities and quarterly payments for the other activities. On the other hand, those taxpayers who voluntarily
adopt separate accounts shall refer to the total business turnover of their activities (concerning all activities performed)
9
VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
to calculate the frequency of their payments. In relation to this last case, it is specified that if the total business turnover
is not higher than the limits established by regulations in force, the quarterly payment system can be adopted only for
one or more accounts kept.
Internal changeovers among separate activities do not contribute to form the business turnover. This type of swit-
ching included in part VE of the single forms shall be reported in line VE40, as taxable operations to be added to the
transfer of depreciable assets, in order to reduce the business turnover.
Internal changeovers of goods related to retail activities under art. 24, par. 3 (activities for which VAT is paid according
to the so-called rate breakdown method) to other activities are not subject to taxation and shall be reported in line
VE40.
In compliance with the directives regulating the gold market pursuant to Law no. 7 of 17 January 2000, the taxpa-
yers who perform gold-related operations, as regulated by art. 19, par. 3, lett. d), and by the following par. 5-bis, must
necessarily keep separate accounts and complete two different forms in order to distinctly report the deducted VAT.
Saving management companies, pursuant to art. 8 of Decree Law no. 351 of 25 September 2001, converted into
Law no. 410 of 23 November 2001, must calculate and pay the taxes concerning their activity separately from the ta-
xes due for each real estate fund managed by them. Therefore, these companies shall fill in a front cover, a form con-
taining the data concerning their own activity and as many sheets as the funds they manage.
Therefore, these companies must compile, in accordance with the instructions provided in this paragraph, a frontispie-
ce, a form containing the data on their activity, and as many other forms as there are funds managed by them. The
tax provisions applicable to real estate investment funds, contained in articles 6 and following of decree law no. 351
of 2001, are understood as also referring to investment companies with fixed capital (società di investimento a capitale
fisso – SICAF) that invest in real property in the amounts indicated by the provisions of civil law (article 9 of legislative
decree no. 44 of 04 March 2014).
In the case of substitution in the management of a fund from one savings management company to another taking
place during the tax year, the management of the successor company takes the same position as the management
of the substituted company, hence, the form relating to the fund for the aforementioned year must be completed by
the savings management company which has taken over management of the fund as part of its own return. This form
must indi-cate all of the operations relating to management of the fund, including those which were carried out during
the fraction of the year preceding the moment that the substitution came into effect. In addition, in the same form the
VAT regi-stration number of the substituted savings management company must be indicated in line VA4, field 3.
(
)
3.3 TAXPAYERS WITH EXTRAORDINARY TRANSACTIONS MERGERS, DIVISIONS, ETC. OR
OTHER SUBSTANTIAL SUBJECTIVE TRANSFORMATIONS
In case of extraordinary operations or other substantial subjective transformations in general, a form of continuity de-
velops among the subjects participating in the transformation (merger, division, conferment, transfer or donation of a
company, inheritance etc.). As regards the date on which the transformation of the subjects concerned takes place,
two hypotheses can occur. These are illustrated below and for each one of them some indications are provided to fill
in the relevant parts.
A) Transformation occurred during the year 2022
1.If during the tax year to which the return is referred extraordinary operations have been performed or substantial
subjective transformations have taken place, which have led to the extinction of the assignor (incorporated com-
pany, divided company, conferring, transferring or donating subject, etc.), the VAT return shall be filed by the subject
still in existence (incorporating company, beneficiary, conferee, transferee, assignee, etc.). Therefore, the entity re-
sulting from the transformation (conferring, incorporating company etc.) shall file the form consisting of the front co-
ver and two forms (or more forms in relation to the number of subjects participating in the operation):
– the single front cover shall report the company's name, tax code, VAT reg. no. of the entity resulting from the tran-
sformation;
– in the form concerning the assignee (form no. 01) all the parts concerning the activity performed must be com-
pleted by reporting the data concerning the operations performed by the same taxpayer during 2022, also inclu-
ding the data concerning the operations by the assignor in the portion of month or quarter in the course of which
the extraordinary operation or the substantial subjective transformation has taken place. Parts VT and VX must
also be completed in order to summarize the data concerning the subjects participating in the operation;
– in the form concerning the assignor all the parts concerning the activity performed must be completed by repor-
ting the data concerning the operations performed by the same taxpayer until the last month or quarter ended be-
fore the date of the extraordinary operation or the substantial subjective transformation. Furthermore, in line VA1,
field 1, the VAT reg. no. of the taxpayer to which the form refers, must be reported.
Consequently, in this case the conferring or incorporated subject shall not file the VAT return concerning the year
2022.
2. If the extraordinary operation or the substantial subject transformation has not caused the extinction of the as-
signor (partial division, conferment, transfer, or donation of a branch of the company) the VAT return shall be filed:
10
VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
– by the assignee, if the operation involved the transfer of output or input VAT. This taxpayer will file his or her
return following the methods described in point 1), making sure that line VA1, field 1 reports the VAT reg. no. of
the taxpayer to whom the form refers and the box 2 of the same line is crossed to specify whether the taxpayer is
still performing his or her activity for VAT purposes. The assignor shall file his or her return with reference to the
operations performed in the year 2022 concerning non transferred businesses. In this last statement, box 3 of line
VA1 must be crossed to indicate that the taxpayer has participated in an extraordinary operation or transformation
and the credit resulting from the 2022 annual VAT return, transferred wholly or in part following the operation, must
be indicated in field 4;
– by each of the subjects involved in the operation if output or input VAT has not been transferred, each reporting
the data concerning the operations performed during the entire tax year.
B) Transformation occurred in the period between 1 January 2023 and the date of filing the annual VAT return
concerning 2022
In this case, since the activity for the entire year 2022 was performed by the assignor (incorporated company, divided
company, conferring, transferring or donating subject, etc.), the following hypotheses can occur:
– if the assignor becomes extinct following the transformation, the resulting entity (incorporating, beneficiary, con-
feree company, transferring, donating subject, etc.) shall file for the year 2022 his or her return together with the re-
turn on behalf of the assignor (incorporated company, divided company, conferring, transferring or donating subject,
etc.), unless the obligation to file has already been fulfilled by this party directly. This return shall report the details
of the extinguished subject in the part reserved for the taxpayer and the details of the eligible party in the box reser-
ved for the declarant, reporting the value 9 in the box concerning the appointment code.
– in the hypothesis of transformation without the extinction of the assignor, each subject involved shall file his or
her VAT return concerning the operations performed in the entire tax year 2022 to which the return refers.
3.3.1 – METHODS OF COMPLETION IN CASE OF TRANSFORMATION OF TAXPAYERS WITH UNIFIED VATACCOUNTS
In the event of transformations which took place during 2022 with the resulting extinction of the transferring party or
transfer, conferment of company branch etc. with output or input VAT transfer, the entity resulting from the transfor-
mation shall fill in:
– the front cover, reporting his or her personal details;
– a form (form n. 01) for itself, completing all of the parts concerning the business activity, including section 2 of part
VA and sections 2 and 3 of part VL. In this form, part VT must be completed, as must part VX, summarising the ove-
rall details of the annual amount to be paid or to be deducted, with reference to the participants in the operation;
– a form for each subject participating in the transformation (e.g. incorporated, divided company etc.) in which all the
parts concerning the activity performed must be completed, including section 2 of part VA and sections 2 and 3 of
part VL.
For more information on how to complete the parts please refer to paragraph 3.3.3. and paragraph 3.4.2.
3.3.2 – METHODS OF COMPLETION IN CASE OF TRANSFORMATION OF TAXPAYERS WITH SEPARATED
ACCOUNTS (art. 36)
If one or more subjects participating in the transformation have kept various separated accounts pursuant to art. 36,
the following cases can occur:
A) Separated accounts kept only by the declaring taxpayer
The declaring taxpayer must use:
1) the front cover reporting personal details;
2) the same number of forms for oneself as the number of separate accounts kept, taking care to indicate only in form
no. 01 the summary data for all activities carried out in parts VC, VD, VM, VH, VK and VO, as well as in section 2
of part VA and in sections 2 and 3 of part VL. In the same form the following parts must be completed: part VT, part
VX in order to summarise the overall data of the annual amount to be paid or credit amount with reference to the
subjects participating in the operation;
3) as many forms as the number of the participants in the transformation. In these forms all the parts concerning the
activity performed must be completed, including section 2 of part VA and sections 2 and 3 of part VL, reporting the
data concerning the fraction of the year before the transformation.
B) Separated accounts kept by one or more of the other subjects participating in the transformation (rather
than the declarant)
The declaring taxpayer must use:
1) the front cover reporting personal details;
2) a form (form n. 01) with completion of the parts concerning the business performed, including section 2 of part VA
and sections 2 and 3 of part VL. In this form, also part VT and VX must be filled in, in order to summarize the total
annual amount to be paid or to be deducted, with reference to the participants in the operation;
3) as many forms as the number of the accounts kept, for each subject with separated accounts, completing section
11
VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
2 of part VA and sections 2 and 3 of part VL, as well as VC, VD, VH, VM; VK and VO in the first form concerning each
subject; on the other hand, for each subject with one single account for VAT purposes, just one form must be completed.
C) Separate accounts kept both by the declaring taxpayer and by one or more of the other subjects
The declaring taxpayer must use:
1) the front cover, like in point 1 of hypothesis A);
2) for him/herself, like in point 2 of hypothesis A);
3) for the other subjects, like in point 3 of hypothesis B).
3.3.3 – ADDITIONAL CLARIFICATIONS FOR THE COMPLETION OF THE FORMS IN SOME CASES OF
SUBJECTIVE TRANSFORMATION
NOTICE: in case of changes in the data under art. 35 that do not result in substantial changes in the subjects
(e.g. transformation from a partnership to a stock company etc.), no special methods are provided for com-
pleting and filing the statement. As a general rule, therefore, the return must consist of only one form with the
data concerning the entire tax year, following the instructions reported in paragraphs 3.1 and 3.2.
A) Division
Article 16, par. 10 and sub. par. of Law no. 537 of 24 December 1993 regulated division operations for VAT purposes.
In particular, par. 11 of art. 16 states that, if the division operation implies the transfer of companies or business com-
plexes, VAT-related obligations and rights concerning the operations performed through the transferred companies or
business complexes are assumed by the companies that are the beneficiaries of the transfer.
In particular, article 2506 septies of the civil code provides for two forms of division:
– total division, with which the divided company transfers its entire equity to several more pre-existing or newly se-
tup companies (called "beneficiaries") and, therefore, the division company ceases to exist;
– partial division with which the company transfers only part of its equity to one or more pre-existing or newly setup
,
companies and, therefore, the division company does not cease to exist.
In both cases the beneficiaries shall file their VAT return following the methods described in paragraphs 3.3 and follo-
wing paragraph.
Par. 12 of art. 16 of the above mentioned Law no. 537 of 1993 lays down a specific rule in relation to a particular type
of division:
"In case of a total division that does not imply the transfer of companies or business complexes, the obligations
and rights resulting from applying VAT to the operations performed by the division company, including those concer-
ning the filing of the annual return of the division company and the payment of the resulting tax, shall be fulfilled with
mutual responsibility by the other beneficiary companies, or shall be exercised by the beneficiary company purposely
designated at the time of the division; if no such company exists, the designated company is considered to be the be-
neficiary nominated first at the time of the division". In this case, the beneficiary company shall file the VAT return on
behalf of the division company, by reporting the details of the division company in the part reserved for the taxpayer
and its own data in the part reserved for the declarant, with appointment code 9.
B) Inheritance
In case of inheritance, the filing obligation shall be fulfilled by the heirs following the instructions below:
Taxpayer deceased in the course of 2022
– if the heir or heirs have not continued the business of the deceased taxpayer, these shall file the return on behalf of
the deceased by reporting in the part concerning the declarant their data with appointment code 7.
– if the heir or heirs have continued the business of the deceased taxpayer, the return shall be filed following the in-
structions reported in paragraph 3.3, point 1.
Taxpayer deceased in the period between 1January 2023 and the date of filing the return
In this case, since the activity was performed for the entire tax year by the deceased taxpayer, the heir or heirs shall
file the return on behalf of the deceased by reporting in the part reserved for the declarant their own data with appoin-
tment code 7.
Taxpayers are reminded that pursuant to art. 35-bis the obligations concerning the operations performed by the de-
ceased taxpayer which have not been fulfilled in the last four months before his or her death, also including the annual
return too, can be fulfilled by the heirs within six months after this event.
C) Rectification of the deduction for goods purchased following extraordinary operations or subjective sub-
stantial transformations
Pursuant to the amendments provided for by art. 19-bis2 for amortizable assets and real estates purchased as a result
of extraordinary operations or other substantial transformations, it is specified that these rectifications - relating to the
single companies participating in the transformation for which the relevant forms have been filed - must be adjusted
to the number of months (or quarters) to which each form refers. The declaring company (e.g. incorporating company)
shall rectify these assets by adjusting their amount to the residual number of months (or quarters) (see clarifications
contained in Circular Letter no. 50 of 29 February 1996).
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VAT RETURN FORMS FOR THE YEAR 2022
D) Reference turnover for the application of VAT in the year following the extraordinary operation or subjec-
tive substantial transformation
As regards VAT application in the year following the extraordinary operation or substantial transformation, the total bu-
siness turnover of the tax year in which the operations resulting from the various forms included in the return, must be
considered. This business turnover must be of reference, following the provision of Presidential Decree no. 633/1972,
for the application of the regulations related to it, such as the status of customary exporter, the application of the pro-
visional pro-rata, the monthly or quarterly frequency of payments etc.
(
)
3.4 CONTROLLING AND CONTROLLED BODIES AND BUSINESS COMPANIES ART. 73
3.4.1 – GENERAL INFORMATION
Both controlling and controlled companies and entities that have benefited from the provisions of art. 73, last para-
graph, and Ministerial Decree of 13 December 1979, as amended by ministerial decree on 13 February 2017, during
the year to which the return refers, must complete this same form, established for taxpayers in general, to report their
own details and the balances transferred to the group or the group VAT liquidation.
In particular, filing of the VAT return by the controlling and controlled companies must be carried out using the following
methods:
• each controlled company must file an annual return, with no attachments, using the methods described in para-
graph 1.1;
• controlling companies or bodies must file their own annual returns, comprising the VAT Prospectus 26/PR 2023
which summarises the groups’ VAT payments. The company or controlling body, in addition, must submit to the
competent collection agency:
– the guarantees provided by the individual companies taking part in the group's payment for the respective credits
set off;
– the guarantee provided by the controlling company for any surplus group credit that is set off.
It is pointed out that article 13 of the Legislative Decree no. 175 of 21 November 2014 replaced article 38-bis, by si-
gnificantly innovating the discipline pertaining the application of VAT refunds and especially removing the general obli-
gation to provide the guarantee (see Circular no. 32 of 30 December 2014). As clarified by circular no. 35 of 27 Octo-
ber 2015, the provisions contained in the article 38-bis also apply to the payment of group VAT.
The body or controlling company (so-called parent company) shall report to the Revenue Agency Office informing the
same of the desire to follow, the provisions of the above mentioned Ministerial Decree.
Joint activities for the option of the payment of grout VAT is communicated to companies via declaration. This is re-
garding the fee on the added value presented in the solar year and with the effective date of when the decision to
exercise this option is taken (atr. 73 paragraph 3). This declaration is valid until suspension and it must be exercised
following the terms and modalities described in the communications received regarding said option.
Pursuant to paragraph 4, article 3 of the Ministerial Decree of 13 December 1979, any change in the details of con-
trolling and controlled companies must be communicated by the controlling company within 30 days of the change
using VAT model 26.
Stock companies are the only companies that can adopt the VAT compensation procedure .
The same annual VAT return form must also be used by the companies participating in the group's VAT liquidation for
part of the year. These shall file also section 3, part VK to report the data concerning the control period.
In all cases of unified or separated accounts ex art. 36, i.e. mergers, division etc. (see sub-paragraph 3.3) in general
the above mentioned instructions apply for the completion of the forms, with some differences for controlling and con-
trolled companies, as reported below.
NOTICE: the controlled companies shall not enclose their own return, their guarantees or the certification of
the controlling company relating to the compensated credit; the amount of the compensated credits shall be
reported by the controlling company in part VS of the VAT prospectus 26 PR/2022; the guarantees concerning
the compensated credits shall be forwarded to the controlling company.
3.4.2 – SPECIFIC INSTRUCTIONS FOR PARTICIPATION IN EXTRAORDINARY OPERATIONS
Incorporation of a company participating in the group VAT payment by a company external to the group
1) Incorporation of a controlling company
If the company external to the group does not meet the requirements for control set by art. 73 with respect to the in-
corporated controlling company, the following hypotheses can alternatively occur:
–
the procedure for the payment of group VAT is interrupted, consequently the incorporating company shall file
two returns: one concerning its own business performed throughout the entire year and one on behalf of the ex
controlling incorporated company. In this second return, the incorporating company shall report its identification
data in the box reserved for the declarant with appointment code 9 and in the box reserved for the taxpayer the
identification data of the incorporated company; in part VK, in field "Last month of control" (VK1 field 2) shall report
the last month in which group payments were made. Any excess credit resulting from part VY in VAT prospectus
13
VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
26PR/2023 of the ex controlling company shall be reported for the part compensated in the course of the year by
the incorporating company in line VA12 of its own return in order to provide the required guarantee, the entire
amount of which is reported in line VL8;
–
the procedure for payment of group VAT is not interrupted, but continues with separated accounts with re-
spect to the incorporating company without the possibility of compensating the excess group credit, according to
the instructions provided by Ministerial Order no. 363998 of 26 December 1986. The incorporating company shall
file two returns: one concerning its own business performed throughout the entire year and one on behalf of the
ex controlling incorporated company. In this second return, the incorporating company shall report its own identi-
fication data in the box reserved for the declarant with appointment code 9 and in the box of the taxpayer the iden-
tification data of the incorporated company; in part VK, in field "Last month of control" (VK1 field 2) shall report
month 13 must be indicated. Any excess credit resulting from part VY in VAT prospectus 26PR/2023 of the ex con-
trolling incorporated company can be used by the incorporating company starting from 1 January of the year fol-
lowing the transformation. Therefore, only in the VAT return concerning the year following the above mentioned
transformation shall the incorporating company report the part of credit used in line VA12, for the purpose of pre-
senting the required guarantee, including the entire amount of this excess in line VL8.
2) Incorporation of a controlled company
If a company external to the group incorporates a company participating in the group payment as controlled, the in-
corporating company shall file one single return consisting of the forms concerning its own business as well as the
forms concerning the incorporated company, indicating in part VK of the incorporated company, the credits and debts
transferred by this company in the period in which it participated in group VAT payment.
3) Incorporation of the controlling company by a company participating in group payment
Resolution no. 367/E of 22 November 2002 provides instructions about this case (so-called inverse merger) for the fi-
ling of the VAT return by the incorporated company ex controlled. As clarified with this resolution, in such a case the
methods outlined in number 1) of this paragraph become applicable (hypothesis of incorporation of the controlling
company by a company external to the group without the interruption of the group VAT payment procedure). In parti-
cular the incorporating company, which transfers to the group VAT liquidation all of its credits and debts as the incor-
porated company, must file two separate declarations, without paying the tax separately from the tax relating to the
incorporated company, insofar as both companies, in such a case, participate in group VAT payment.
3.4.3 – INSTRUCTIONS FOR THE COMPLETION OF PARTS VH AND VK
Controlling and controlled companies that have used the VAT compensation procedure for the entire year must also
complete part VH, with the exception in line VH17, in case there is the intention of sending/integrating or correcting
omit-ted/ incomplete/ incorrect data in communications regarding periodic VAT payments, reporting the debts and the
credits resulting from their periodical liquidations and transferred to the VAT group liquidation.
In cases of withdrawal of a controlled company from the group in the course of the year or in cases of control termi-
nation in the course of the year, part VH,(to fill in in case there is the intention of in case there is the intention of sen-
ding/integrating or correcting omitted/ incomplete/ incorrect data in communications regarding periodic VAT pay-
ments) shall re-port both the debts and the credits transferred and the results of the periodical liquidations performed,
including any payment on account to be indicated in line VH17 after these events; in part VK also section 3 must be
filled in to report the data concerning the control period.
Incorporation of a company participating in the group liquidation by a controlling or controlled company
In this particular hypothesis the declaring company shall indicate, in parts VH (to complete only if there is the intention
of sending/integrating or correcting omitted/ incomplete/ incorrect data in communications regarding periodic VAT pay-
ments) and VK of the form concerning the in-corporated company, the debts and the credits transferred by it before
the incorporation and, in parts VH and VK of its own form, its own credits and debts transferred in the entire year. Fur-
thermore, part VK of its own form shall also include any squaring up of output or input VAT resulting from section 3 of
part VL of the form of the incorporated company.
In the hypothesis of a company incorporating one or more controlled companies with separated accounts, the decla-
rant shall fill in parts VH and VK concerning each incorporated company in only one of the forms referring to it.
Incorporation of a company not participating in the group liquidation by a controlling or controlled company
Resolution no. 92 of 22 September 2010 clarifies that in the case of an extraordinary incorporation operation which
has involved, as incorporating company, a company taking part in a group VAT payment procedure and, as incorpo-
rated company, a company outside the group, the VAT credit acquired by the incorporated company during the year
preceding the year in which the extraordinary operation took place must be excluded from the group VAT payment
and thus remain within the exclusive competence of the incorporating company. In this situation, in fact, the provision
included in article 73, final paragraph, becomes applicable, establishing that it is forbidden to transfer to the group the
credit acquired by a company during the year preceding the year in which the group liquidation VAT procedure was
entered. In addition, Resolution no. 78 of 29 July 2011 clarifies that also any credit accumulated by the incorporated
company during the year in which the extraordinary operation took place cannot be included in the group VAT liquida-
tion. Therefore, the amount indicated in line VL39 of the form relating to the incorporated company, remaining at the
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disposal of the incorporating company, reported in line VX2, field 1, and, consequently, it must be taken into conside-
ration for filling part VX and, especially, lines VX4, VX5 and VX6. In this hypothesis the incorporating company shall
indicate in parts VH (to complete only if there is the intention of sending/integrating or correcting omitted/ incomplete/
incorrect data in communications regarding periodic VAT payments and VK of its own form, the debts and credits tran-
sferred from it to the group in the course of the year according to the methods de-scribed in the point above, while in
the form relating to the incorporated company, part VK shall not be completed.
3.4.4. – HYPOTHESIS OF DISCONTINUATION OF THE GROUP - OBLIGATIONS OF EX CONTROLLLING COM-
PANIES IN RELATION TO THE GROUP'S EXCESS CREDIT USED
In order to determine the exact tax amount, if the control ceased in the course of the previous year and the ex con-
trolling company deducted the credit only starting from 1 January 2022, the ex controlling company shall include in li-
ne VL8 of the return (VAT/2023) the entire amount of the excess credit of the group resulting from the VAT summa-
rizing prospectus VAT 26PR - part VY of the previous year (line VY5 of the VAT return/ 2022), together with any cre-
dit reported form the previous year.
If, on the other hand, the control ceased in the course of 2022 and the company calculated the excess credit of the
group by deducting it from its periodic liquidations in the fraction of the year 2022 following the discontinuation of the
control, the company (ex controlling) shall report the excess credit of the group resulting from the VAT summarizing
prospectus VAT 26PR- part VY of the same year (line VY5 of the VAT return/2023) in line VL8 of the return (VAT/2023).
If the procedure for group VAT payment is not renewed in the following year (this should be intended as a tacit renewal
since the options exercised since 2017 are valid until suspension) with reference to the controlling company itself or
if the procedure ceased during the year, any group credit surplus for which a refund has not been requested but which
has been carried over for deduction by the ex-controlling organisation or company must be indicated in line VA12 of
the 2023 VAT return form (see instructions at line VA12), exclusively for the amount paid in 2022 and for which the
guarantees required by article 6, 3rd paragraph, of the Ministerial Decree of 13.12.1979 must be provided.
It is pointed out that article 13 of the Legislative Decree no. 175 of 21 November 2014 replaced article 38-bis, by si-
gnificantly innovating the discipline pertaining the application of VAT refunds and especially removing the general obli-
gation to provide the guarantee (see Circular no. 32 of 30 December 2014). As clarified by circular no. 35 of 27 Octo-
ber 2015, the provisions contained in the new article 38-bis also apply to the payment of group VAT.
4. INSTRUCTIONS FOR THE COMPLETION OF THE FORMS
4.1 FRONT COVER
On the front cover the personal data of the taxpayer must be included.
The front cover consists of 2 sides:
– the first side contains information regarding the use of personal data;
– the second side must report the taxpayer’s tax code, in the upper part of the form, the taxpayer and declarant’s de-
tails, the signature of the declaration, the commitment to electronic filing, details regarding the stamp of approval
and the signature of the auditing body.
4.1.1 – TYPE OF RETURN
Corrections and supplements to the return
If, before expiry of the submission date for the return, the taxpayer intends, to rectify or complete a return which has
already been presented he must present a new return, complete in every part, crossing the box "Correction of exi-
sting return".
Once the deadlines for filing the return have expired, the taxpayer may rectify or supplement returns by filing a new
return, using the methods set out for the original return, on a form that complies with the one approved for the tax pe-
riod to which the return refers.
A necessary condition for filing the supplementary return is that the original return was filed in accordance with the re-
gulations. With regard to the original VAT return, it should be noted that returns filed up to ninety days after the dea-
dline are considered valid, subject to the application of penalties.
Supplementary declaration
This box is to be compiled in the case of submitting a supplementary declaration, indicating:
– code 1, in the case provided by art. 8, paragraph 6-b, of Decree of the President of the Republic no. 322 of 1998
within 31 December of the fifth year following the year in which the declaration was presented, to correct errors
and omissions, including those that have determined the indication of a greater or lesser tax or, ho-wever, a grea-
ter or lesser tax debt, or rather a greater or lesser surplus of deductibles, without prejudice to the appli-cation of
penalties and taking into account the application of the art. 13 of Legislative Decree no. 472 of 1997;
– code 2, in the case in which the taxpayer intends to correct the declaration already submitted based on the com-
munications sent by the RevenueAgency, pursuant to art. 1, paragraphs 634 - 636, of law no. 190 of 23 December
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2014, without prejudice to the to the application of penalties and to the application of art. 13 of legislative decree
no. 472. The Revenue Agency, in fact, provides the taxpayer with the information in its possession (referring to
the taxpayer him/her/itself, acquired directly or arriving from third parties, also with regard to revenues or com-
pensation, income, volume of business and value of production, ascribable to the taxpayer, facilities, deductions,
or detractions, as well as tax credits, even where they are not due), providing the possibility of spontaneously cor-
recting any errors or omissions, even after the declaration is submitted.
Any credit deriving from lower debt or a surplus of deductibles resulting from the declaration under paragraph 6-b of
art. 8 of Decree of the President of the Republic no. 322 of 1998, presented within the deadline for presentation of the
declaration relative to the successive tax period may be brought in deduction in periodic payment or annual declara-
tion, or used in compensation under art. 17 of the legislative decree no. 241 of 1997 or, provided that they satisfy, for
the year in which the supplementary statement is presented, the requirements under articles 30 and 34, paragraph 9,
credit claimed (art. 8, paragraph 6-ter, of the Decree of the President of the Republic no. 322 of 1998).
Any credit deriving from lower debt or greater surplus of deductibles resulting from the declarations under paragraph
6-b of art. 8 of the Decree of the President of the Republic no. 322 of 1998, presented beyond the expiration for the
presentation of the declaration relative to the following tax period, may require a reimbursement, where appropriate,
for the year in which the supplementary statement was presented, the requirements of which under articles 30 and
34, paragraph 9, or may be used in compensation, under art. 17 of legislative decree no. 241 of 9 July 1997, to perform
the payment of debts accrued from the tax period following that in which the supplementary statement was presented.
In the declaration relative to the tax period in which the supplementary statement was presented, a credit is indicated
deriving from the lower debt or from a bigger credit resulting from the supplementary statement (art. 8, paragraph 6-
quater of the Declaration of the President of the Republic no. 322 of 1998).
4.1.2 – TAXPAYER'S DATA
In the box, which must always be completed, the following data must be provided:
VAT registration number
The VAT registration number of each taxpayer must always be provided.
Other information
The details to be provided are as follows:
– if the taxpayer is a craftsman enterprise listed in a professional register, the relevant box 1 must be crossed;
– if the taxpayer is subject to extraordinary administration or has made an arrangement with his creditors, box 2 must
be ticked.
Telephone numbers and email address
It is not compulsory to provide a telephone number, mobile phone number, fax and email address. Providing these
makes it possible to receive, free of charge, from the Revenue Agency, information and updates regarding final pay-
ment dates, news, obligations and services offered.
INDIVIDUALS
Town (or foreign Country) of birth
Specify the place of birth (city, town, municipality). Taxpayers born abroad must specify, instead of the municipality,
the Country in which they were born, and leave the space for the province blank.
TAXPAYERS DIFFERENT FROM INDIVIDUALS
Legal nature
NOTE: the following table includes all codes relating to the various forms for the purposes of tax/income re-
turns, they may only be used in accordance with the specific nature of each individual form. Thus, the person
who is completing the return must take care to identify the specific code, which refers to the applicable legal
status.
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GENERAL LEGAL NATURE CLASSIFICATION TABLE
RESIDENT ENTITIES
21. Regional, provincial and municipal companies and
1. Limited share partnerships
their consortia
22. Companies, organisations and bodies established
abroad otherwise unclassifiable with administrative
headquarters or main activity in Italy
2. Limited liability companies (SRL)
3. Public limited companies (SPA)
23. Simple companies, as identified by article 5,
paragraph 3, letter b), of the TUIR (Income Tax
Consolidate Act)
4. Cooperatives and their consortia enrolled in the
24. General partnerships (SNC) as identified by article
5, paragraph 3, letter b), of the TUIR
State Register of Cooperatives
5. Other cooperatives
25. Limited partnerships (SAS)
26. Armament companies
6. Mutual insurance companies
7. Consortia with status of legal entity
8. Recognised associations
27. Artistic and professional associations
28. Family businesses
9. Foundations
29. GEIE (European Groups of Economic Interest)
50. Public limited companies, special companies and
consortia as defined in articles 31, 113, 114, 115
and 116 of the Legislative Decree of 18 August
2000, no. 267 (Unified Text regarding the
regulation of local authorities)
10. Other organisations and institutes with status of
legal entity
11. Consortia without status of legal entity
51. Condominiums
52. V.A.T. deposits
12. Unrecognised associations and committees
13. Other organisations of people or goods without
status of legal entity (excluding co-ownership
entities)
53. Non-profit capital-based amateur sports associations
14. Financial public authority
54. Trust
15. Non- financial public authority
55. Public administrations
16. Health insurance schemes and social security,
assistance and pension funds and such like, with or 56. Banking foundations
without status of legal entity
17. Religious works and mutual aid associations
18. Hospital entities
57. European company
58. European cooperative company
59. Network of enterprises
19. Associations and institutes for social security and
assistance
20. Other organisations of people or goods without
61. VATꢀGroup
status
NON-RESIDENT ENTITIES
30. Simple, irregular and de facto companies
31. Simple partnerships (SNC)
38. Consortia
39. Other associations and institutes
40. Recognised, unrecognised and de facto
32. Limited partnerships (SAS)
associations
33. Armament companies
41. Foundations
34. Professional associations
35. Limited share partnerships
36. Limited liability companies (SRL)
37. Public limited companies (SPA)
42. Religious works and mutual aid associations
43. Other organisations of people and goods
44. Trust
45. GEIE (European Groups of Economic Interest)
4.1.3 – DECLARANT DIFFERENT FROM THE TAXPAYER (AGENT, RECEIVERS, HEIR, ETC.)
This box must be filled in only if the declarant (the person who signs the return) is a person other than taxpayer to
whom the return refers. The box must be completed specifying the tax code of the individual who signs the return, the
corresponding appointment code, as well as the personal details requested.
If the declarant is a company, which presents the VAT return on behalf of another taxpayer, the field named "Tax code
of declaring company" must be filled in, indicating, in such a case, the relevant appointment code corresponding to
the relationship between declarant company and the taxpayer. Cases which fall under such a requirement include, for
example, the company nominated tax representative by a non-resident subject, as provided for by article 17, third pa-
ragraph, the company that indicates appointment code 9 as beneficiary company (of a division company) or of an in-
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corporating company (of an incorporated company), the company that presents the return as contractual representa-
tive of the taxpayer.
In the event that the return is submitted by a VAT Group pursuant to art. 70-bis and subsequent amendments, the data
of the natural person who signs the declaration shall be reported, indicating, in the "Office code" field, the code cor-
responding to the relationship between the signatory natural person and the Group representative. If the natural per-
son who signs the return coincides with the Group representative, the conventional code 1 shall be reported in the
aforementioned field.
NOTE: the following table includes all codes relating to the various forms for the purposes of tax/income returns,
they may only be used in accordance with the specific nature of each individual form.
Thus, the person who is completing the declaration must take care to identify the specific code, which refers to
their appointment.
GENERAL TABLE OF APPOINTMENT CODES
1
2
Legal, contractual, de facto agent or managing member
Agent of a minor, disabled or incompetent person, tutoring administrator, or the administrator of an estate held
in abeyance, the administrator of an estate that is assigned under a suspensive condition or that is assigned in
favour of an unborn child, who has not yet been conceived
3
4
5
Official receiver / judicial liquidation receiver
Court-appointed liquidator (forced administrative liquidation or special management)
Judicial custodian (judicial custody), or judicial receiver in the capacity of the representative of the attached
assets or judicial commissioner (receivership)
6
7
8
9
Tax representative of a non-resident person
Heir
Liquidator / Receiver (voluntary liquidation)
The person required to submit the return for VAT purposes on behalf of a tax subject no longer in existence, fol-
lowing extraordinary operations or other substantial subjective transformations (transferee of company, beneficia-
ry company, incorporating company, conferee company, etc.); or, for the purpose of income taxation and/or IRAP
(Regional Tax on Productive Activities), the representative of the beneficiary company (division) or the company
resulting from a merger or incorporation
10
11
Tax representative of a non-resident with the limitations referred to in article 44, paragraph 3 of the Decree
Law 331/1993
The person operating as guardian of a minor or a civilly disabled person, in relation to the institutional role
conferred
12
13
14
15
Liquidator / Receiver (voluntary liquidation of an individual business - period prior to liquidation)
Administrator of a condominium
Person signing the declaration on behalf of a public administration body
Court-appointed liquidator of a public administration body
With reference to the codes listed above it is pointed out that:
• In the case of codes 3 and 4, the starting date of the selection procedure and the date of nomination of the abo-
vementioned agents must be specified. If the declaration refers to the year in which bankruptcy or judicial liquida-
tion of bankruptcy proceedings or the selection procedure started, the relevant box art. 74-bis must be crossed.
In addition to this, the date of termination of the procedure must be specified in the return relating to the year of
closure of the same; until such a time, the relevant box "Procedure not yet concluded" must be crossed. For
the appropriate declaration (Form IVA 74 bis), to be presented by the receivers or court-appointed liquidators, see
the instructions contained in the relevant form, as well as paragraph 2.3;
• in the case referred to in code 5 the date of the relevant appointment decision must be indicated;
• if the fiscal representative, code 6, is a subject other than an individual taxpayer, the tax code of the subject signing
the return, the relevant details as well as the tax code of the company representing the non-resident operator must
be specified in the box marked “Declarant different from the taxpayer”. It is pointed out, in addition, that the details
regarding the non-resident must always be indicated in the spaces reserved for “Taxpayer’s data”.
• in the case referred to in code 7, the details of one of the heirs must be specified, with the indication of the date of
death of the taxpayer;
• in the case referred to in code 8 indicate also the date of appointment;
• in the case referred to in code 9 to be used, for example, in the event of an incorporating merger that took place
between 1 January and the date of submission of the annual return, the incorporated company must be indicated
as the taxpayer and the incorporating company as the declarant. Its tax code must be indicated in the field marked
“Tax code of declarant company”, while the remaining fields must indicate the tax code and details of the incorpo-
rating company’s representative.
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4.1.4 – SIGNATURE OF THE RETURN
This box, reserved for the signature, contains an indication of the number of forms that comprise the VAT return. The
boxes related to the boxes filled in are at the foot of part VL.
The signature must be written legibly in the relevant box, by the taxpayer or by the person who represents him legally
or contractually, or by one of the other persons listed in Table "Appointment codes" in section 4.1.3.
Data regarding the signatory of the return when different from the taxpayer, including the appointment code, must be
indicated in the specific box reserved for the declarant when different from the taxpayer.
Art. 2-bis of decree law no. 203 of 30 September 2005 governs the procedures for implementing art. 6, paragraph 5,
of the taxpayer’s Statute law no. 212 of 27 July 2000) based on which the financial administration asks the taxpayer
to provide the necessary clarifications should the check of the declarations, carried out pursuant to articles 36-bis del
Decree of the President of the Republic no. 600 of 1973 and 54-bis of the Decree of the President of the Republic no.
633 of 1972, give rise to a tax to be paid, or to a lower refund. Clarifications are required via the postal service or by
electronic means. The taxpayer may ask that the request to provide clarifications be sent to the intermediary charged
with the electronic transmission of the taxpayer’s declaration by checking the “Send electronic notice of automated
check of declaration to intermediary” box. If the taxpayer does not make the choice for the electronic notice, the
request for clarifications will be sent to the taxpayer’s tax domicile by registered post (communication of irregularity).
The sanction on the sums owed following the check of the declarations equal to 30 percent of the taxes unpaid or paid
late, is reduced to one third (10 percent) if the taxpayer pays the owed sums within 30 days after receiving the com-
munication of irregularity. The aforementioned 30-day deadline, in the case of choosing the sending of the electronic
notice, starts from the sixtieth day following that of the online electronic of the notice to the intermediary. The interme-
diary, in its turn, accepts receiving the electronic notice by checking the “Reception of electronic notice of automa-
ted check of declaration” box inserted in the “UNDERTAKING TO ELECTRONICSUBMISSION” square.
The taxpayer may ask that the communications regarding possible irregularities present in the declaration (art. 1, pa-
ragraphs 634 -636, of law no. 190 of 2014) be sent to the intermediary tasked with the electronic transmission of the
taxpayer’s declaration.
The taxpayer makes this request by checking the “Sending of other electronic communications to the interme-
diary” box. The intermediary, in its turn, accepts receiving the aforementioned electronic communication by checking
the “Reception of other electronic communications” box inserted in the “UNDERTAKING TO ELECTRONICSUB-
MISSION” square.
Any communication of irregularities regarding the declaration shall at any rate be displayable in the “Tax mailbox” pre-
sent in the reserved area of the Revenue Agency’s electronic services, in which each user qualified for Entratel or Fi-
sconline can consult his or her own tax information.
The taxpayer may draw attention to particular conditions regarding the return by indicating a specific code in the “Par-
ticular situations” box.
This may be necessary with regard to circumstances which arise subsequent to the publication of this return form, for
example following clarifications provided by the Revenue Agency in relation to questions from taxpayers and referring
to specific issues.
Therefore, this box may be completed only if the Revenue Agency communicates (for example by means of a circular
letter, resolution or press release) a specific code to use in order to indicate the particular situation.
The "Exemption from endorsement of conformity" box shall be crossed in the event that the taxpayer is exempted
from the endorsement of conformity, pursuant to art. 9-bis, paragraph 11, lett. a) and b), of Legislative Decree no. 50
of 2017.
In particular, art. 9-bis, paragraph 11, of Legislative Decree 50/2017 provides, with regard to the subjects that apply
the ISAs and achieve a level of fiscal reliability at least equal to the provision of the director of the Revenue Agency
of 27 April 2022, a series of benefits including:
• the exemption from the application of the endorsement of conformity for the compensation of credits for an amount
not exceeding 50,000 euros per year, in relation to the value added tax (letter a);
• the exemption from the application of the endorsement of conformity or from the provision of the guarantee for the
refunds of the value added tax for an amount not exceeding 50,000 euros per year (letter b).
4.1.5 – ENDORSEMENT OF CONFORMITY
This section must be completed for issue of the endorsement of conformity and is reserved for the person in charge
of the CAF (Tax Assistance Centre) or to the professional issuing it.
The tax code of the person in charge of the CAF and the tax code of the CAF itself or the tax code of the relevant pro-
fessional must be inserted in the spaces provided. The person in charge of the CAF tax assistance or the relevant
professional must sign to approve issue of the endorsement of conformity pursuant to art. 35 of Legislative Decree
no. 241 of 1997.
NOTE: Please remind that the endorsement of conformity, according to current law and practices, cannot be validly is-
sued in the following cases:
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1) the professional who issues the endorsement is not registered in the computerised list of licensed professionals of
the relevant Regional Directorates;
2) the professional who issues the endorsement is enrolled in the above-mentioned list (1) but is not the physical sub-
ject who electronically submitted the declaration (signatory of the section “COMMITMENT TO SUBMIT ELECTRO-
NICA DATA”);
3) The professional who issues the endorsement is enrolled in the list (1) but it is not “linked” to the professional asso-
ciation or to the service provider or to the company among professionals that electronically submitted the declara-
tion;
4) The professional who issues the endorsement is enrolled in the list (1) but it is not “linked” to the investee company
of the National Council, Order and Board which electronically submitted the declaration;
5) in case of CAF, when the subject who issues the endorsement is not the same as the person responsible for fiscal
assistance (RAF) of the CAF specified in this section;
6) in case of CAF-businesses, when the subject who issues the endorsement is the same as the person responsible
for fiscal assistance (RAF) of the CAF specified in this section, but the CAF is not “linked” to the service provider,
company, cooperative or consortium that electronically submitted the declaration;
7) in case of trade union among entrepreneurs, when the subject who issues the endorsement is not “linked” to the
provider, company, cooperative or consortium that electronically submitted the declaration.
As for point 3), the professional who issues the endorsement of conformity is deemed “linked” to the subject performing
the electronic submission of the declaration, when the latter is:
1) the simple association or partnership established by physical persons with the purpose of jointly performing arts and
professions, in which, at least half of the partners includes the subjects under art. 3, paragraph 3, let. a) and b), of
the Presidential Decree no. 322/1998 (art. 1, paragraph 1, let. a) of the Decree 18 February 1999);
2) the company in charge of accounting services, when more than half of its share capital is owned by the subjects un-
der art. 3, paragraph 3, let. a) and b), of the Presidential Decree no. 322/1998 (art. 1, paragraph 1, let. a) of the De-
cree 18 February 1999);
3) the company among professionals (s.t.p. in Italian) under art. 10 of Law 12 November 2011, no. 183, of which, the
professional who issues the endorsement of conformity is one of the shareholders;
As for point 4), the professional who issues the endorsement of conformity is “linked” to the subject who electronically
submits the return when the latter is the exclusive investee company of national councils, associations of chartered ac-
countants and employment consultants, as well as the corporate members, the corresponding national insurance funds
and those exclusively invested by the representative associations of the subjects under art. 3, paragraph 3, let. b) of the
Presidential Decree no. 322 of 1998 and related members. This company can be empowered to carry out the electronic
submission of the return on behalf of the subjects, who, according to the administration, have the requisites under art.
3, paragraph 3, let. a) and b) of the Presidential Decree no. 322 of 1998, provided that the legal representative of the
above-mentioned company, namely the corporate delegated to the submission of the request to be empowered to the
electronical service, is one of the subjects under art. 3, paragraph 3, let. a) and b), of the Presidential Decree no. 388 of
1998 (art. 3, Decree of 18 February 1999).
As for point 6), the subject who issues the endorsement of conformity is “linked” with the subject in charge for submitting
the return electronically when the subject is:
1) The service provider company whose shares are owned – for more than a half of the share capital - by trade
unions among entrepreneurs under art. 32, paragraph 1, let. a), b), c) of the Legislative decree no. 241 of 1997 or,
for one hundred percent, by investee service companies for more than a half of the above-mentioned associations
(art. 2, paragraph 1, let. a) of the Legislative Decree 18 February 1999);
2) Cooperative or consortium whose members are, for more than a half, partners of the above-mentioned associa-
tions (art. 2, paragraph 1, let. a) of the Legislative Decree of 18 February 1999);
3) The consortium or consortium company under art. 2602 and art. 2615-ter of the Civil Code, whose members are,
for more than a half, represented by trade unions among entrepreneurs under art. 32, paragraph 1, let. a), b) and
c) of the Legislative Decree 9 July 1997, no. 241 and partners of the above-mentioned associations (art. 2, para-
graph 1, let. b), of the Legislative Decree of 18 February 1999);
4) The associations under art. 36 of the Civil code established by trade unions among entrepreneurs in which, at
least half of the members has the requirements under art. 32, paragraph 1, let. a), b) and c) of the Legislative De-
cree 9 July 1997, no. 241 and those belonging to the associations under let. c) of the above-mentioned art. 32, pa-
ragraph 1, of the same Legislative Decree of 9 July 1997 (art. 2, paragraph 1, let. c) of the Decree of 18 February
1999).
As for point 7), (Resolution no. 103/E of 28 July 2017), the subject who issues the endorsement of conformity is “linked”
to the subject in charge who submits the return electronically when the latter is an employee of the company belonging
to the kind of companies under art. 2 of the Decree of 18 February 1999, listed below:
1) Service provider companies whose shares are owned – for more than a half of the share capital - by trade unions
among entrepreneurs under art. 32, paragraph 1, let. a), b), c) of the Legislative decree no. 241 of 1997 or, for one
hundred percent, by investee service companies for more than a half of the above-mentioned associations (art. 2,
paragraph 1, let. a) of the Legislative Decree 18 February 1999);
2) Cooperatives or consortia whose members are, for more than a half, partners of the above-mentioned associa-
tions (art. 2, paragraph 1, let. a) of the Legislative Decree of 18 February 1999);
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3) Consortia or consortium companies under art. 2602 and art. 2615-ter of the Civil Code, whose members are, for
more than a half, represented by trade unions among entrepreneurs under art. 32, paragraph 1, let. a), b) and c)
of the Legislative Decree 9 July 1997, no. 241 and partners of the above-mentioned associations (art. 2, paragraph
1, let. b), of the Legislative Decree of 18 February 1999).
4.1.6 – SIGNATURE OF AUDITING BODY
The part is reserved for taxpayers who may have the return signed by the body appointed to carry out the accounting
audit instead of affixing the stamp of approval.
When the return is signed by the body carrying out the accounting audit, the return is certified as having been verified
in accordance with article 2, paragraph 2 of Decree no. 164 of 1999. It is pointed out that if the certification of verifi-
cation is made in bad faith, the fine provided for by article 39, paragraph 1, letter a), first sentence of Legislative De-
cree no. 241 of 09 July 1997 applies. In the case of repeated or particularly serious violations the competent authori-
ties are notified so that further measures may be taken.
The following information must be indicated in the fields provided:
– by the auditor entered in the register established at the Ministry of Economy and Finance, in the Subject box, code 1;
– by the auditing manager (for example, the shareholder or administrator) in the case of an auditing firm entered in
the register established at the Ministry of Economy and Finance, in the Subject box, code 2. In addition a distinct
field must be completed with the tax code of the auditing company, taking care to indicate the code 3 in the Sub-
ject box without completing the signature field;
– in the Subject box, the code 4 by the board of statutory auditors, for each member.
The subject carrying out the accounting audit must also indicate his/her own tax code.
4.1.7 – UNDERTAKING TO ELECTRONIC SUBMISSION
The square must be filled in and signed by the assigned subject (intermediaries and group companies) that submits
the declaration electronically.
The assigned subject must:
• indicate own tax code number;
• report, in the “Subject that prepared the declaration” box, code “1” if the declaration was prepared by the taxpa-
yer or code “2” if the declaration was prepared by the subject sending it;
• check the “Reception of electronic notice of automated check of declaration” box if the subject accepts the
taxpayer’s choice of having the subject receive the notice regarding the results of the check done on the declara-
tion;
• check the “Reception of other electronic communications” box if the subject accepts the taxpayer’s choice of
having the party receive all communications regarding possible irregularities present in the declaration;
• report the date (day, month, and year) of taking on the commitment to submit the declaration, that is the cumulative
commitment;
• sign.
The “Reception of electronic notice of automated check of declaration” and “Reception of other electronic
communications” boxes may be compiled only by the intermediaries tasked with the transmission of the declaration
pursuant to article 3, paragraph 3, of Decree of the President of the Republic no. 322 of 1998.
4.2 FORM
4.2.1 – PART VA - INFORMATION AND DATA RELATING TO THE ACTIVITY
The part is divided into 2 sections: 1) General analytical data; 2) Summary data referring to all activities.
The first section contains some analytical data regarding the activity or activities managed with independent accoun-
ting as provided for by article 36 (see paragraph 3.2), while the second summarises all of the activities carried out by
each subject.
Usually in the case of a taxpayer who carries out a single activity and in the absence of substantial subjective transfor-
mations, the 2 sections must be completed on a single form.
If the taxpayer on the other hand conducts several activities with separate accounts as provided for by article 36 or if
during the fiscal year, mergers, divisions or other extraordinary operations, i.e. substantial transformations (inheritan-
ce, transfer of the business, etc.) have taken place, the same number of forms must be submitted and copies of sec-
tion 1 completed as there are separate activities, i.e. companies participating in the merger, division, etc., while sec-
tion 2 must be completed once only for each subject, indicating the summary of the details for each subject.
In the case of completion of several forms, these must be numbered in progressive order, filling in the relevant field
at the right top of the page.
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SECTION 1 - General analytical data
Line VA1 in the event of a merger, division, conferment and transfer of the business or other extraordinary transac-
tions, or substantial subjective transformations occurring during the course of the year, the VAT registration number
of the person transformed (incorporated or division company, person conferring or ceding the business) must be in-
dicated by the declarant taxpayer in the form (or forms in the case of separate accounts) used to indicate the data re-
lating to the activity carried out by the said person in the period preceding the transformation. In addition to this, in the
same form, the declarant must cross box 2 if the person transformed continues an activity which is relevant for VAT
purposes.
Box 3 must only be crossed by the assignor, in the first form, if he presents several forms in the case of separate ac-
counts, to communicate that he has taken part, during the year, in extraordinary transactions or other substantial tran-
sformations (partial division, conferment, transfer or donation of a branch of the company).
Field 4 must be completed to indicate the credit resulting from the 2022 annual VAT return, transferred wholly or in
part following the extraordinary operation.
Field 5 must be filled in by non-resident persons when they operated in Italy, making use, in the same year, of the sy-
stem of tax representation and subsequently of the system of direct registration or vice versa, indicating the VAT num-
ber of the system which is no longer adopted (see paragraph 2.3 letter C).
The same field must also be filled in if the transfer from one system to another occurred between 1 January and the
date of presentation of the VAT return.
Line VA2 must indicate the activity code taken from the classification table of economic activity in force at the time
the declaration is submitted. Please note that the table may be consulted at the Offices of the Revenue Agency and
is also available on the website of the Revenue Agency www.agenziaentrate.gov.it as well as on that of the Ministry
of the Economy and Finance www.finanze.gov.it. Where more than one activity is carried out with combined accoun-
ting, the code relating to the main activity with reference to the business turnover during the tax year must be specified
in the single form.
If several activities are carried out with separate accounts, as provided for by article 36, the relevant activity code must
be specified in each form. If data relating to several activities are included on the same form, it is necessary to indicate
the code relating to the main activity on the said form.
In this regard, it is pointed out that the indication of the main activity code not previously communicated or communi-
cated incorrectly, together with the alterations to the data to be effected at the offices of the Revenue Agency by the
due date for the presentation of the annual return, precludes the imposition of penalties.
Line VA3 the box must be crossed by receivers and court-appointed liquidators if the form refers to transactions re-
corded during the part of the calendar year prior to the declaration of bankruptcy or judicial liquidation or of compulsory
administrative liquidation.
Line VA4 this line is reserved for savings management companies as provided for by Decree Law no. 351 of 2001 to
indicate, in the form relating to the activity of each fund managed, the name and identification number assigned by
the Bank of Italy to the fund itself (see also instructions for part VD).
Field 3 must be completed if management of the fund is substituted from one savings management company to ano-
ther during the tax year, indicating the VAT registration number of the substituted savings management company.
Line VA5 must be completed by taxpayers who during the fiscal year have made carried out purchases and imports
of terminal devices for public terrestrial mobile radiocommunications services (so-called cellular phones) and related
operator service charges, for which the amount paid has been deducted at a rate of more than 50%. Completion of
the line is also required on the part of taxpayers whose actual deduction is then reduced as a result of the existence
of limitations on the deduction due to the carrying out of operations exempt from or not subject to VAT (for example
pro-rata deduction).
Indicate in columns 1 and 3, respectively, the total taxable amount of purchases, including purchases made through
leasing agreements, of imports of telephone devices and of operator services, and in columns 2 and 4 the total amount
of tax deducted.
SECTION 2 - Data summary relating to all activities carried out
Tax concessions for exceptional events
Line VA10 reserved for taxpayers who have legitimately benefited during the tax period, for VAT purposes, from tax
concessions provided for by special enactments issued in the wake of natural disasters or other exceptional events.
Taxpayers concerned must indicate the corresponding code in the relevant box, taken from the "Table of exceptional
events" (see Appendix under the entry "Persons affected by exceptional events").
Line VA11 shall be completed by taxpayers who, starting from the tax period following the one to which this declara-
tion refers, participate in a VAT Group referred to in Articles 70-bis and subsequent amendments. Namely, box 1 must
be crossed to communicate that it is the last annual VAT return prior to joining the VAT Group.
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Line VA12 is reserved exclusively for bodies or companies who adhered, in the previous year (or years), as controlling
companies, to the procedure of liquidation of group VAT as provided for by the Ministerial Decree of 13 December
1979. If the group payment procedure is in fact not renewed during the following year (this should be intended as a
tacit renewal since the options exercised from 2019 are valid until suspension) with reference to the controlling com-
pany itself or if the procedure ceased during the year of control, any surplus group credit for which a refund has not
been requested may be carried over for deduction in periodic payments made following the date of discontinuation of
the group (see Circular no. 13 of 5 March 1990).
If such group credit surplus is not fully set-off during the year following cessation of control, or during the current year
if the group is discontinued before the end of the year, it may be set-off and guaranteed in subsequent years until such
time as there is complete settlement of the entire credit deriving from the group, subject to the indication of the amount
set-off in line VA12 of the return relating to the year of use of the credit.
The same line must also be completed in the special circumstances in which a company outside the group, incorpo-
rated a controlling company in 2021, with the consequent discontinuance of the group in the course of the year, in or-
der to indicate the surplus group credit (resulting from the VAT summarizing prospectus VAT 26 PR part VY of the re-
turn of the ex-controlling incorporated company) which has been set-off in 2022 by the incorporating company and for
which the said company must provide guarantees as provided for by the Ministerial Decree of 13 December 1979.
If on the other hand, the group payment procedure continues until the end of the year with separate accounts, in ac-
cordance with resolution n. 363998 of 26 December 1986, the credit acquired by the incorporating company beginning
from 1 January of the year following the incorporation, must be indicated in line VA12 of the return relating to the year
in which the credit was used, for the part set-off and therefore to be guaranteed.
Line VA12 must indicate:
– the year to which the credit deriving from the group refers;
– the amount of such credit which has been set-off in 2022 and for which the guarantees as provided for in article 6,
3rd paragraph, of the Ministerial Decree of 13 December 1979 must be given.
It is pointed out that article 13 of the Legislative Decree no. 175 of 21 November 2014 replaced article 38-bis, by si-
gnificantly innovating the discipline pertaining the application of VAT refunds and especially removing the general obli-
gation to provide the guarantee (see Circular no. 32 of 30 December 2014). As clarified by circular no. 35 of 27 Octo-
ber 2015, the provisions contained in the new article 38-bis also apply to the payment of group VAT.
Operations carried out in relation to condominiums
Line VA13 the total amount of operations carried out by firms and other taxpayers in relation to condominiums, exclu-
ding water, electricity and gas supply as well as operations which have led to the collection of payments subject to de-
duction at source (withholding tax) (article 1, paragraph 2, letters a) and b) of the Ministerial Decree of 12 November
1998).
Flat rate tax regime for subjects carrying on business activities, arts and professions as provided by article
1, paragraphs 54 to 89, of Law no. 190 of 2014.
Line VA14 must be completed by taxpayers who starting from the tax period following the one to which this declaration
refers intend to make use of the specific regime governed by article 1, paragraphs 54 to 89, of Law no. 190 of 23 De-
cember 2014. In particular, box 1 must be crossed to indicate that this is the most recent annual VAT return prior to
application of the exemption regime.
It is pointed out that the contingent tax due as a result of the rectification of the deduction provided by article 1, para-
graph 61 of Law no. 190 of 2014, shall be included in line VF70, reserved to the rectifications of the deduction regu-
lated by article 19-bis2.
Line VA15 reserved for non-operating companies, pursuant to article 30 of Law no. 724 of 23 December 1994. This
line must also be completed by companies which during the tax period have participated in group VAT payment. The
box must be completed with the code corresponding to the following situations:
- “1” dummy company for the year to which the return applies;
–
“2” dummy company for the year to which the return applies and for the previous year;
– “3” dummy company for the year to which the return applies and for the previous two years;
– “4” dummy company for the year to which the return applies and for the previous two years and which has not carried
out significant operations for VAT purposes not less than the amount derived from the application of the percentages
set out in article 30, paragraph 1, of Law no. 724 of 1994.
It is pointed out that for companies and bodies considered dummy companies the input VAT resulting from the annual
return may not be used as set off in Form F24 (cases indicated with codes 1, 2 and 3).
With regard to the case indicated by the code 4, as set out in Circular no. 25 of 04 May 2007, the provision contained
in the final sentence of paragraph 4, article 30 of Law no. 724 of 1994 regarding permanent loss of the annual tax cre-
dit, applies. In any case, taxpayers who indicate the code 4 and an annual tax credit must complete line VX2, field 1
(or line VX8 in case of participation in a Group VAT liquidation for the whole year).
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VAT RETURN FORMS FOR THE YEAR 2022
Data regarding amounts suspended following the COVID-19 health emergency
Line VA16 reserved for persons who, being entitled to, did not make VAT payments in 2022 by the deadlines set, re-
sorting to the suspension scheme provisions issued following the COVID-19 health emergency.
Specifically, the persons involved shall report:
– in box 1, the code taken from the "COVID-19 suspended payments table" in the Appendix;
– in box 2, the amount of payments suspended by virtue of the regulatory provision identified by the code indicated
in box 1.
Persons who have suspended payments during the tax period as a result of the various provisions issued, are requi-
red to fill in multiple fields to report the suspended amounts in relation to each regulatory provision they have benefited
from.
The line must also be filled out by companies in possession of the characteristics that individually allow them to benefit
from the suspension provisions issued following the COVID-19 health emergency, which in 2022 participated in a
group VAT settlement procedure allowing this procedure to exclude from the periodic group payment the debt com-
ponent referable to said companies or to suspend the entire payment of said procedure (see bulletin 11/E of 6 May
2020, reply 2.16).
4.2.2 - PART VB – Data relating to identification details of financial relations
This part is reserved to subjects who want to avail of what provided by article 2, paragraphs 36-vicies ter, of Decree-
Law no. 138 of 13 August 2011. In particular, in line VB1 to VB7, identification details of relationships with financial
operators shall be reported, as provided by article 7, paragraph 6, of Presidential Decree no. 605 of 1973 (for example
banks, companies of Poste Italiane s.p.a., etc.) existing during the tax period of the hereby return. As provided for by
article 2, paragraph 36-vicies ter, of Decree Law no. 138 of 13 August 2011, converted into law with amendments by
Law no. 148 of 14 September 2011, for subjects carrying on businesses or arts and professions with declared reve-
nues of not over 5 million euros, who for all asset and liability transactions made while conducting their business use
exclusively payment instruments other than cash and who in declarations
relating to income tax and value-added taxes indicate the details identifying their relations with financial operators as
provided for by article 7, sixth paragraph, of Presidential Decree no. 605 of 29 September 1973, the administrative
penalties set out in articles 1, 5 and 6 of Legislative Decree no. 471 of 18 December 1997 may be reduced by half.
In particular, the following should be indicated:
• the tax code of the financial operator issued by the Italian financial Administration (column 1) or, if this is not avai-
lable, the foreign tax identification code (column 2);
• in column 3, the name of the financial operator;
• in column 4, the type of relation, using the codes provided in the table below (see the provision issued by the
Director of the Revenue Agency of 20 December 2010):
TABLE OF CODES
01 Current account
13 Closed deposits
14 Hedging contracts
15 Credit/Debit cards
16 Guarantees
02 Securities and/or bond deposit account
03 Free/Restricted savings deposit account
04 Fiduciary relationship pursuant to Law no.
1966/1939
05 Collective asset management
06 Asset management
17 Credita
18 Loans
07 Certificates of deposit and savings certificates 19 Pension funds
08 Portfolio
20 Compensation agreement
09 Individual/Global third-party account
10 After collection
21 Pooled financingl
22 Company holding
98 Non-account transaction
99 Other relation
11 Unavailable transferred securities
12 Safe deposit boxes
If there are not enough lines to indicate relations with financial operators, another part VB must be completed, indi-
cating “02” in the field “Form no.” and so on.
Similar compilation procedures must be adopted in the presence of extraordinary operations.
It is pointed out that the completion of several forms because of the inclusion of multiple parts VB does not
change the number of forms comprising the return to be indicated on the front cover.
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VAT RETURN FORMS FOR THE YEAR 2022
4.2.3. – PART VC - EXPORTERS AND ASSOCIATED OPERATORS - PURCHASES AND IMPORTS WITHOUT
THE APPLICATION OF VAT
Part VC must be completed by taxpayers who make use of the entitlement to purchase goods and services and import
goods without the application of VAT, provided for subjects who carry out export sales, associated operations and/or
international services and intra-community operations.
The part must be completed indicating the data specified by article 10 of the Presidential Decree number 435 of 07
December 2001.
It is pointed out that with regard to the use of the ceiling, registration of purchase invoices or customs bills of entry are
not to be considered, but rather the moment of the purchases as provided for by art. 6, unlike the completion of line
VF17 which refers exclusively to the moment of registration of the purchase transaction.
As a result of the regulations set out in article 10 of Presidential Decree number 435 of 2001, taxpayers who have
adopted the calendar method for the calculation of the ceiling must also complete the individual lines separately for
each month, in addition to indicating the total amount.
The section consists of six columns in which, for each month, in lines from VC1 to VC12, the following data must
be specified:
– column 1: amount of the ceiling used for purchases in Italy and intra-community purchases;
– column 2: amount of the ceiling used for imports of goods.
In the case of transfer of the benefit of use of the ceiling, for example business leasing or sale of business,
columns 1 and 2 must be completed by the transferee company starting from the date of use of the ceiling
received;
– column 3: business turnover, subdivided by month, relating to the 2022 tax year. It is pointed out that the column
must be completed indicating the monthly amount of operations carried out, excluding those set out in article 21, pa-
ragraph 6 bis. Such operations, in fact, count towards the calculation of turnover but must not be considered for the
purpose of verification of the status of customary exporter;
– column 4: amount of all export sales, associated operations and/or international services, intra-community opera-
tions, etc., carried out monthly, in the same tax period 2022.
Columns 3 and 4 must be filled in by all taxpayers who used the ceiling in 2022, regardless of the method of
calculation followed, while the data referred to in columns 5 and 6 must be indicated only by taxpayers who
during 2022 carried out purchases and imports using a ceiling related to by tax concessions during the 12
preceding months and also for the purpose of monthly auditing of the existence of the status of exporter ai-
ded by tax concessions, during 2022, as well as the availability of the ceiling in each month;
– column 5: business turnover subdivided by month, for 2020. It is pointed out that the column must be completed
indicating the monthly amount of operations carried out, excluding those set out in article 21, paragraph 6 bis. Such
operations, in fact, count towards the calculation of turnover but must not be considered for the purpose of verifica-
tion of the status of customary exporter;
– column 6: amount of export sales, associated operations, international services, intra-community operations, etc.,
carried out monthly, also in 2020.
Line VC14 must indicate the availability of the ceiling at 1 January 2022 or at the date of transfer of the benefit of the
use in cases, for example, of business leasing or sale.
This amount is valid for a year for those who use the calendar year ceiling, which obviously diminishes with the car-
rying-out of individual purchases during the course of the same year, and is valid only for January 2022 for taxpayers
who use the monthly ceiling, pending the specific calculation that such a method entails.
For the purposes of highlighting which method has been adopted for the calculation of the ceiling during 2022, the tax-
payer must cross box 2 of line VC14, in the case of calculation relating to the previous year (calendar method), or box
3 if the calculation is made in relation to the preceding twelve months (monthly method).
Settlement in the event of use of the ceiling beyond the available limit. Taxpayers who, on the basis of instruc-
tions gi-ven in circular letter 50/E of 12 June 2002, have taken steps to regularise operations for which a declaration
of intent has been issued beyond the limit of the available ceiling through the issue of a self-invoice and with the
subsequent payment of the tax, using form F24 and indicating the tax code of the period in which the purchase was
erroneously made without the application of VAT, must indicate the amount of the tax thus regularised in line VE25
and include the payment in line VL30 in fields 2 and 3. For deduction purposes, the taxable amount and the tax resul-
ting from the self-invoice mentioned above, must be indicated in part VF in the line corresponding to the tax rate ap-
plied. Consequently the amount of the invoice of the supplier or the customs bill of entry respectively made out or is-
sued under a non-taxable regime must not be indicated in line VF17. In the case of settlement of the use of the ceiling
beyond the available limit by means of a request to raise the ceiling as provided for by article 26, for deduction pur-
poses, the taxable amount and the tax resulting from the invoice issued by the supplier or service provider must be
indicated in part VF in the line corresponding to the tax rate applied and, con-sequently, the amount of the invoice pre-
viously issued under a non-taxable regime must not be indicated in line VF17(with regard to the procedures that may
be used to control said violation as reported in resolution no 16/E dated 6 February 2017).
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VAT RETURN FORMS FOR THE YEAR 2022
4.2.4 – PART VD - TRANSFER OF VAT CREDIT BY SAVINGS MANAGEMENT INSTITUTIONS (ARTICLE 8 OF
DECREE LAW 351/2001)
Article 8 of Decree Law number 351 of 25 September 2001 converted by Law number 410 of 23 November 2001 ma-
kes provision for savings management institutions to transfer the credit arising from annual VAT returns, as well as in
terms of article 43-bis of Presidential Decree number 602 of 29 September 1973, also under the conditions and within
the limits set out in article 43-ter of the same decree.
The current part must be used by both savings management institutions in order to indicate the VAT credit resulting
from the present return, transferred wholly or in part to other persons as provided for by the said article 8, paragraph
2 of Decree Law number 351/2001, and in the manners set out by the said article 43-ter of Presidential Decree 602
of 1973, and by transferees, belonging to the same group as defined by the said article 43-ter, to whom such credits
are transferred.
The due completion of the part by the transferring party is a condition for the transfer of the credit concerned to be ef-
fective, in accordance with paragraph 2 of article 43-ter, of Presidential Decree 602 of 1973 and the transferee acqui-
res the entitlement to the credit received upon presentation of the return by the part of the transferor. The credits re-
ceived can be used as a set off by the transferee, as provided for by article 5 of Presidential Decree number 542, of
14 October 1999, with effect from the beginning of the tax period subsequent to the one in which they became avai-
lable to the transferor (1 January 2023 if, for VAT purposes, the tax period coincides with the calendar year). Moreover
such credits constitute an amount to be used for deduction of periodic or annual payments, following the payment of
the amount due (see Circular no. 47 of 2003).
As described by Circular no. 28 of 2014, in order to use as set off credits higher than 5,000 Euro and generated by
other subjects the certification of conformity is required or the signature by the control authority both in the transferor
statement and in the statement of the subject who uses the credit received.
SECTION 1 – Transferring company - List of transferee companies or organisations
Line VD1 indicate the total of the amounts in column 2. This amount must coincide with that indicated in line VL37.
The transferring savings management institution must indicate in lines from VD2 to VD21:
– column 1, the tax code of the transferee;
– column 2, the amount transferred.
If 20 lines are not sufficient to indicate all credits transferred, another part VD must be used, indicating "02" in the field
"Form no.", and so on. The total (line VD1) must be indicated only in form "01".
SECTION 2 - Transferee organisation or company - List of transferor companies
The transferee organisation or company must indicate in lines from VD31 to VD50:
– column 1, tax code of the transferor;
– column 2, the amount of credit received.
If 20 lines are not sufficient, another part VD should be used, indicating "02" in the box "Form N." and so on. If this is
the case, lines from VD51 to VD56 must only be completed in form "01".
In line VD51, the total of the amounts from column 2 should be indicated.
In line VD52, the surplus credit from line VD56 must be indicated (return related to the tax year 2021).
In line VD53, the sum of the amounts stated in lines VD51 and VD52 must be indicated.
In line VD54, that part of the amount stated in line VD53 which is used to reduce VAT payments, related to the present
return, must be indicated. This amount should be included in line VL28. The part used to lessen the VAT debt appea-
ring from this return must be indicated in line VL35.
Line VD55 must reflect that part of the amount stated in line VD53 which is used, before the date of submission of the return,
to set off amounts due in respect of other duties, contributions or premiums, and stated in the column "credit amounts set
off " of F24 the payment form.
In line VD56, that part of the amount in line VD53 which remains after the uses indicated in lines VD54 and VD55
should be indicated.
The filling in more than one part entitled 'VD' does not alter the number of forms that make up the return, to
be indicated on the front cover.
4.2.5. – PART VE - CALCULATION OF BUSINESS TURNOVER AND THE TAX RELATIVE TO THE TAXABLE
OPERATIONS
The section is divided into five parts: 1) Contributions of agricultural products and transfers by exempt agriculturalists;
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VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
2) Taxable agricultural operations and taxable commercial or professional operations; 3) Total taxable amount and tax:
4) Other operations; 5) Business turnover.
In part VE, all the operations carried out within the State and within the territory of the European Union and the expor-
tations to countries outside the European Union, and the operations for which a proper invoice was issued must be
included, subdivided by rates and taking into account the variations pursuant to art. 26.
In the specific case of taxpayers who have recorded operations subject to VAT with VAT rates or set-off percentages
that are no longer present in part VE, they must calculate the taxable amounts for these operations in the line corre-
sponding to the rate closest to the one applied, calculating the corresponding taxes, and then include the (positive or
negative) tax difference in line VE25 among the adjustments. In parts VE and VF, some amounts could turn out to
have a negative value following variations carried out during the tax year that could lead to reductions. In this case,
indicate a minus sign (–) in front of the relevant amounts (within the fields).
It is pointed out that in the Appendix, in the section on “Agriculture”, a special summary form has been added to guide
the various types of agricultural producers (exempt or not) in completion of the VAT return.
Taxpayers who have made use of the exemption from the obligations referred to in art. 36-bis, and who have also car-
ried out taxable operations in 2022, are obliged to indicate these operations in part VE, as well as exempt operations
referred to in nos. 11, 18 and 19, and par. 3 of art. 10, which in any case are subject to invoicing and registration.
Taxpayers who, from the 2023 tax year, make use of the beneficial tax regime regulated by article 1, paragraphs 54
to 89 of Law no. 190 of 23 December 2014 must take into account in this return the tax payable in relation to opera-
tions carried out vis-à-vis other subjects as indicated in the fifth paragraph of article 6 and to operations carried out in
accordance with article 32-bis of Decree-Law no. 83 of 2012, and for which the tax has not yet become payable (article
1, paragraph 62, of Law no. 190 of 2014).
These operations must be indicated in the lines on the rates applied and, if they have contributed to the calculation of
the business turnover of the previous years, the relevant taxable amount must be indicated in line VE39.
SECTION 1 – Conferring of agricultural products and transfer by exempt agriculturalists (in the case of the li-
mit being exceeded by more than a third)
Section 1 is reserved:
• for agriculturalists who have transferred goods to entities, co-operatives or other associated entities (as well as the
transfer of goods from co-operatives to their own consortia); in terms of article 34, paragraph 7, with the application
of flat-rate set-off percentages (cp. circular letter 328, 24 December 1997, paragraph 6.6)
• for exempt agriculturalists referred to in article 34, paragraph 6, i.e. those who, in the previous year, did not exceed
the business turnover threshold of 7,000 Euro, who find, at the end of the year, that they have exceeded the one-
third limit, envisaged for transactions other than the sale of agricultural and ichthyic products, listed in Table A, first
part, enclosed with Presidential Decree 633/72. As provided for in circular letter 328/E of 24 December 1997 (para-
graph 6.7.2), for those who, at the end of the calendar year, discover that they have exceeded, by a third, the limit
laid down for operations different from transfers of agricultural and ichthyic products, the application of tax rates that
correspond to set-off percentages related to the assignments of agricultural products, and of the rates related to dif-
ferent operations (the latter to be indicated in section 2), remains the same for the entire calendar year.
Calculation of taxable amount
In the first column, the amounts related to taxable operations must be indicated, separated according to tax rate (cor-
responding to set-off percentages, provided for by the Ministerial Decrees of 12 May 1992, of 30 December 1997, of
23 December 2005, 26 January 2016, 10 October 2022 and by article 1, paragraph 527, of decree law no. 234 of 2021)
that result from the register of invoices issued (art. 23) and/or from the considerations register (art. 24), bearing in mind
the variations as per article 26 registered for the tax period.
Taxpayers who use the register of invoices will take the taxable amounts from this register, already sub-divided ac-
cording to tax rate, and indicate them in the column for taxable amounts, corresponding to the relative tax rate (printed
on the form).
Regarding the accounting related to considerations with VAT incorporated, it should be remembered that agricultura-
lists, for the sale of their own products, whether from crops or from raising animals, towards private consumers, can
make use of provisions referred to in article 22 and 24, regarding, respectively, the fact that it is not necessary to issue
an invoice if the customer does not request it, and the recording of total daily takings in the considerations register.
For such operations, the total amount, net of the VAT included therein, must be calculated using the methods illustra-
ted in the Appendix, under the entry "Taxpayers who use the considerations register".
The taxable amount thus determined should be indicated in the column of taxable amount, corresponding to the tax
rate printed on the form, rounded to the nearest Euro.
Lines from VE1 to VE11 in these lines, in correspondence with the tax rates printed on the form, the amounts related
to operations for which tax turned out to be payable in the year 2022, noted or to be noted in the register of invoices
issued (art. 23) and/or in the considerations register (art. 24), and taking into account the variations referred to in ar-
ticle 26, recorded for the same year, must be indicated. The tax should be calculated by multiplying each taxable
amount by the corresponding flat-rate set-off percentage.
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SECTION 2 – Taxable agricultural operations and taxable commercial or professional operations
Section 2 must be filled in:
• by all taxpayers who carry out commercial, artistic or professional activities;
• by all agricultural producers (both in the special regime and in the ordinary regime opted for) for all the sales of agri-
cultural and ichthyic products referred to in paragraph 1, art. 34 carried out in the year 2022 for which the tax rates
laid down for the individual goods become applicable.
In this section, the so-called mixed agricultural businesses (article 34, paragraph 5) must also indicate the sales of
goods that are different from those from the agricultural or ichthyic sectors referred to in Table A enclosed with Presi-
dential Decree 633/72, as well as any services carried out, that fall outside the sphere of application of article 34-bis.
It is to be remembered that the above-mentioned operations carried out by exempt agriculturalists who exceeded the
one-third limit must also be indicated in this section.
It is also to be remembered that the concept of taxable operations that are different from the ones indicated in the first
paragraph of article 34, include those operations that are carried out by the agricultural producer in the environment
of his own agricultural business, but are of an accessorial nature compared to the core productive activity, for example,
the sales of agricultural products included in the second part of Table A, the sale of agricultural products purchased
from third parties at an equal or higher level to those coming from their own beds, woods or livestock, to improve the
quality of the goods produced (for a correct definition of these different operations see "Agriculture" in the Appendix).
Naturally, cases which are not covered by the norm referred to in the fifth paragraph of article 34, are regulated by the
provisions laid down in article 36 for the purposes of separate accounting (see circular letter no. 19, 10 July 1979, Di-
rector General of Taxes).
It is to be noted that taxpayers who make use of a reduction of the taxable base (publishers) must indicate, in part
VE, the taxable amount related to the operations after the due reduction has been already considered.
In addition, the section must include that part of payments taken to be the taxable base for sales of goods for which
deductions for their purchase or import has been limited by virtue of the provisions of article 19-bis1 or of other provi-
sions (for example motor vehicles). For these sales the taxable base, pursuant to article 13, fifth paragraph, is calcu-
lated by applying to the payment the deductible percentage used at the moment of purchase.
The salary and insurance reimbursements that the subject who employs temporary contractors is obliged to pay to
the provider company, which, in turn, pays such reimbursements to the contractor, should be deemed as non-included
in the VAT tax base under art. 13 (art. 7, law 13 May 1999, no. 133), see also Resolution no. 384/E of 12 December
2002.
Taxpayers who use the register of invoices issued should take from the taxable amounts from that register, already
sub-divided by tax rate, and indicate them in column 1, in lines from VE20 to VE23, corresponding to the relative tax
rates printed on the form.
Retail dealers and other taxpayers referred to in article 22, for which the issuing of invoices is not obligatory if not re-
quested by the purchaser, must calculate the total amount of the operations, net of the VAT included therein using the
methods illustrated in the Appendix, under the entry "Taxpayers who use the considerations register".
Calculation of taxable amounts
Lines from VE20 to VE23 in these lines, the following must be indicated:
• in the first column, the amounts of the taxable operations, separated according to tax rate, for which the tax for the
year 2022 is due, already recorded or to be recorded in the register of invoices issued (art. 23) and/or from the regi-
ster of considerations (art. 24), and taking into account the variations as referred to in article 26, recorded for the sa-
me year;
• in the second column, the totals of the relative tax.
NOTE: in these lines, the following must also be included: amounts relative to sales made, with tax applied, to parties
residing or domiciled outside the European Union, according to article 38-quater, second paragraph, for which, in
the tax year, the purchaser has not given the seller the copy of the invoice endorsed by the Customs Office at the exit
point from European Community territory. In cases where the purchaser has given the transferor, the invoice endorsed
by the Customs Office at the exit point from European Union territory by the end of the fourth month after the operation
and in the tax year, the transferor must add a negative variation, equal to the adjusted tax amount, to line VE25, so
as to make up for the VAT (in this case the relative tax amount must not be included in part VF). In cases where the
return of the invoice happens after 31.12.2022, the same negative variation is to be indicated in the corresponding
line of the tax return form for the year 2023.
For sales carried out according to article 38-quater, first paragraph, without the application of tax, to be included
among the non-taxable operations referred to in line VE32, for which the invoice endorsed by the Customs Office at
the exit point from European Union territory has not been returned to the transferor, by the end of the fourth month
after the operation, the transferor will have to indicate the increase by the end of the following month, equal to the tax
to be applied, in line VE25, so as to highlight the relative VAT output. If the due date should fall after 31.12. 2022, the
same increase is to be indicated in the corresponding line of the tax return form for the year 2023.
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Please remember that, starting from 1 September 2018, the issue of the invoices related to the supply of goods under
the above-mentioned art. 38-quater, should be performed by the supplier electronically. In case the visa is affixed at
a national exit point, the evidence of the goods exit is not provided by the stamp affixed on the tax document on behalf
of the exit custom officers, but by the digital visa code (see Resolution between the Custom Agency and the Revenue
Agency of 22 May 2018).
SECTION 3 – Total taxable amount and tax
Line VE24 in this line, the total of the taxable amounts and taxes should be indicated: these are determined by sum-
ming the totals indicated in lines from VE1 to VE11 and from VE20 to VE23, respectively from the column of taxable
amounts and of the column for taxes.
Line VE25 in this line, the variations and rounding off of tax amounts relative to the operations referred to in lines from
VE1 to VE11 and from VE20 to VE23 should be indicated.
The tax indicated in line VE24 can be different from the total tax presented in the register of invoices issued or the re-
gister of considerations.
Such a possible difference derives from the following elements:
– rounding off of tax done in invoices (article 21, paragraph 2, letter l);
– tax indicated in the invoices that is higher than the real figure (article 21, paragraph 7), of which the decrease has
not been noted;
– rounding offs to the nearest Euro in the return.
Furthermore, in this line, positive or negative variations in tax, recorded in the year 2022 and relative to operations re-
corded in previous years, must be indicated.
This line should also include the total VAT used for the settlement of the so-called use of a ceiling (cp. notes in part
VC).
Such a difference should be indicated in line VE25 with a plus sign (+) inside the field if the total tax deriving from the
register is higher than the total calculated, or with a minus sign (-) if the opposite is the case.
Line VE26 - in this line, the total VAT relative to taxable operations should be indicated: this amount is obtained by in-
creasing or decreasing the total reflected in line VE24 by the sum of the positive or negative variations set out in line
VE25.
SECTION 4 - Other operations
Section 4 must include all operations which are different from those indicated in sections 1 and 2 above.
Line VE30 indicate, in field 1, the total of exports and other non-taxable operations which contribute to the formation
of the ceiling as provided for by art. 2, paragraph 2, of Law no. 28 of 18 February 1997. To determine which operations
to indicate in this line, see the Appendix under “Exports and other non-taxable operations”, “Intra-community opera-
tions and imports” and “Used goods”.
Divide the amount in field 1 in the following fields:
– field 2 the sum of exports of goods during the year as provided for by art. 8, first paragraph, letters a), b) and b-bis),
including also:
• sales to purchasers or their commission agents made through transport or shipment of goods outside the territory of
the European Union by or on behalf of the seller or commission agents;
• sales of goods collected from a VAT deposit with transport or shipment outside the territory of the European Union
(art. 50-bis, paragraph 4, letter g) of Decree Law no. 331/1993);
– field 3 the total sum of intra-community sales of goods, taking into account adjustments as per article 26, entered
in the records of invoices issued (article 23) or in the records of payments for supplies received (art. 24);
– field 4 the total of all sales of goods made to San Marino customers.
– field 5 the total sum of operations treated as supplies for export.
Line VE31 please indicate the total of the non-taxable operations, carried out as regards exporters who have issued
their declaration of intent.
Line VE32 please indicate the total of other operations qualified as non-taxable (to help identify such operations, con-
sult the Appendix, under the headings "Exports and other non-taxable transactions" and "Used goods").
In addition to this the representing intermediaries must include, in this line, the fees paid to them by travel agencies
for services rendered among European Community (art. 7 of Ministerial Decree 30.07.1999, number 340, cp. circular
letter 328 of 24.12.1997).
The operations indicated in line VE32 do not contribute to the formation of the ceiling.
Line VE33 indicate the total of exempt operations as referred to by article 10.This line must also indicate the exempt
operations pursuant to Art. 1, paragraphs 452 and 453, of Italian Law no. 178 of 2020.
Taxpayers affected by exemption from the obligation to register and issue invoices for, the exempt operations in the
year 2022, as provided for by article 36-bis, must indicate in this line only the operations referred to in numbers 11, 18
and 19 of article 10, for which the obligation to issue invoices and of registration holds.
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It is pointed out that the carrying out of operations exempt from VAT entails necessitates the completion of
section 3-A in part VF. If, on the other hand, the exempt operations indicated in the current line are carried out
on a purely occasional basis or solely relate to the operations provided for by numbers 1 to 9 of article 10
which do not fall within the normal sphere of activity of the business or are accessory to taxable operations,
only line VF60 must be completed.
Line VE34 report the sum of the operations exempt from VAT because they do not meet requirement of territoriality,
as regulated by articles 7 to 7-septies and for which relevant invoice was issued as provided by article 21, paragraph
6-bis. Such operations, in fact, count towards the calculation of turnover (see Circular no. 12 of 2013). In order to cor-
rectly determine the tax admitted as deduction it is worth to remember that article 19, paragraph 3, letter b), ackno-
wledges the deduction with reference to operations exempt from VAT that, if occurring in the State territory, would give
right to deduction (see instructions to compile line VF22 and line VF34 for individuals obliged to determine deductible
proportion)
Line VE35 indicate, in field 1, the sum of operations carried out with application of reverse charge, specified separa-
tely in the following fields:
– field 2 domestic sales of scrap and other salvage materials as referred to in article 74, paragraphs 7 and 8, for which
VAT is to be paid by the seller not subject to tax. The field must also indicate the transfers of pallets recovered for
use cycles following the first. You must also include provision of services associated with contracts, tenders and
such the object of which is the transformation of non-ferrous scrap. Sales of the aforementioned goods made to pri-
vate consumers are in contrast subject to VAT in accordance with ordinary rules, and therefore must be included ex-
clusively in section 2 of part VE (for further information see Appendix under the entry “Scrap”);
– field 3 sales of investment gold which have become taxable as a result of the choice made and the related services
of intermediation carried out in national territory towards taxable entities, in addition to the amount of transfers of
gold other than investment gold and of pure silver, made to subjects not liable to tax (for further details see Appen-
dix, “Transactions relating to gold and silver”);
– field 4 services rendered in the construction sector by subcontractors but not taxed pursuant to article 17, paragraph
6, letter a).
– field 5 sales of buildings or parts of buildings for which tax is payable by the seller, in accordance with article 17,
paragraph 6, letter a-bis);
– field 6 sales of cellular phones for which the tax is payable by the seller, as provided for by article 17, paragraph 6,
letter b);
– field 7 sales of gaming consoles, tablet PCs and laptops, as well as integrated circuit devices, such as micropro-
cessors and central work units, before their installation in products destined for final consumers, for which the tax is
due from the dealership, under article 17, paragraph 6, letter c);
– field 8, rendering of services of cleaning, demolition, installation of systems, and completion with regard to buildings
for which the tax is owed by the transferee, pursuant to article 17, paragraph 6, letter a-ter);
– field 9, operations in the energy sector for which the tax is owed by the transferee, pursuant to article 17, paragraph
6, letters d-bis), d-ter), and d-quater).
Line VE36 indicate the net amount of non-taxable operations, carried out in the application of certain concessionary
norms towards earthquake victims and associated persons.
Line VE37 indicate in field 1 the overall amount of operations carried out during the year with VAT payable in subse-
quent years. The operations in question:
– carried out with regard to the subjects pursuant to article 6, fifth paragraph;
– eare carried out in accordance with article 32-bis of Decree Law no. 83 of 2012 (VAT cash accounting scheme). The-
se operations must also be shown separately in field 2.
The operations as per this line and the tax therefore must be included in the first two sections of Part VE.
Line VE38, indicate the transfers of goods and the rendering of services performed with regard to public administra-
tions and other subjects referred to in art. 17 paragraph 1 bus and for which the tax must be paid by the buyer and
assignee following applications of the provisions con-tained in the afoementioend article 17-ter.
Line VE39 in order to decrease the business turnover, the total amount of operations which contributed to the business
turnover of the year or previous years, and for which in the year 2022 the tax has become payable, must be included
(without a preceding “minus” sign).
Such operations must also be indicated, in correspondence with the rate applied, in lines from VE1 to VE11 and lines
from VE20 to VE23, for the sole purpose of the calculation of tax payable for the current year.
Line VE40 operations (net of VAT) which are not a part of the business turnover must be indicated. In terms of the
provisions of article 20, these relate to the transfers of depreciable goods and internal transfers as referred to in article
36, final paragraph. This amount decreases the business turnover during the year.
It should be noted that the transfers of depreciable goods carried out in the sphere of special marginal schemes pro-
vided for the sale of used goods, antiques, etc., do not constitute a part of business turnover. In such a case, in this
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line, the receipt from sale must be diminished by the tax payable in relation to the "analytical" margin calculated for
each transfer.
SECTION 5 - Business turnover
Line VE50 business turnover calculated by adding together the amounts indicated in lines VE24 column 1, lines from
VE30 to VE38 and subtracting the amounts indicated in lines VE39 and VE40.
4.2.6. – PART VF - LIABILITY OPERATIONS AND ADMISSIBLE DEDUCTIBLE VAT
The part consists of four sections: 1) The total amount of purchases made within the territory of the State, of intra-
community purchases and imports; 2) The total of purchases and imports, total tax, intra-community purchases, im-
ports and purchases from San Marino; 3) Calculation of admissible deductible VAT; 4) Admissible deductible VAT.
In this part, one must include the taxable amount and the tax relating to goods and services purchased and imported
as part of ordinary business, art or profession, resulting from invoices and customs bills of entry for imports recorded
in the purchases register 7(as referred to in article 25) or in other registers provided for with regard to legislation pro-
visions made for special regimes, taking into account variations referred to in article 26 recorded in the same year.
In the specific case of taxpayers who have recorded operations subject to VAT with VAT rates or set-off percentages
that are no longer present in part VF, they must calculate the taxable amounts for these operations in the line corre-
sponding to the rate closest to the one applied, calculating the corresponding taxes, and then include the (positive or
negative) tax difference in line VF26 among the adjustments.
NOTE: this part includes not only purchases carried out in the national territory, but also intra-community purchases
and imports from Countries or territories outside the European Union.
SECTION 1 – Total amount of purchases carried out in the National territory, intra-community purchases and
imports
Lines from VF1 to VF13 indicate domestic and intra-community purchases, and imports subject to taxation, for which
tax is due and for which the right to deduction has been exercised in 2022, to be entered next to the pre-printed tax
rates or the percentage of compensation. Therefore these lines must also include purchases made in previous years
for which the tax became payable (article 6, fifth paragraph, article 32-bis of Decree Law no. 83 of 2012 and at 17-ter).
In these lines, purchases and imports of gold, pure silver, scrap and other salvage material to which the reverse-char-
ge mechanism has been applied must also be included (see Appendix under "Transactions relative to gold and silver"
and "scrap").
In addition to this, purchases carried out by means of drawings from VAT deposits must be included, as well as in-
tra-community purchases made upon drawings of the goods by the consignee in the case of "consignment stock".
This last procedure is characterised by the fact that the goods guarded remain the property of the European Commu-
nity supplier until the moment they are drawn by the same consignee, who is the exclusive final receiver of the goods.
Where the goods drawn were the object of prior purchase without payment of the tax by the same person who draws
them, and if the drawing from the deposit occurs in the same tax period in which the deposit or the purchase of the
good guarded in the deposit was made, the taxable amount and the related tax must be indicated exclusively in lines
from VF1 to VF13. If the drawing from the deposit occurred in a tax period subsequent to that in which the purchase
without the payment of tax was made, then the taxable amount must be indicated in the return for the year in which
the operation took place (deposit or purchase of goods held in deposit, etc.) in line VF18 field 1 and, subsequently, in
the return for the year in which drawing occurred, it is necessary to include, in lines from VF1 to VF13, the taxable
amount and the related tax, also indicating the same amount in line VF24, to allow the subtraction from the turnover
of the corresponding amount already indicated in line VF18 field 1 field 1 of the previous return.
The tax relating to the aforementioned purchases is calculated by multiplying the taxable amounts set out in lines from
VF1 to VF13 by the corresponding tax rates or the percentage of compensation.
The tax resulting from the calculation must be indicated, next to each tax rate, in lines from VF1 to VF13 (column 2).
The taxable amounts and the related tax must be rounded to the nearest Euro.
In lines VF17 to VF22 it is necessary to indicate purchases made in 202
2.
Line VF17 domestic purchases, intra-community purchases, and imports carried out without the payment of tax, with the
use of the ceiling as referred to in art. 2, paragraph 2, of Law 28 of 18 February 1997.
It is pointed out that taxpayers who have made said purchases utilising the ceiling are required also to complete part VC.
Line VF18 field
1
objectively non-taxable purchases, made without use of the ceiling, tax-exempt purchases, as well
as those made as part of special regimes which require the tax to be calculated using the base-from-base method,
with the exception of purchases made by taxpayers who in 202
This regards, in particular:
1
used the lighter regime to be indicated in line VF19.
• domestic purchases, including those specified in art. 58, paragraph 1, of Decree Law 331/1993;
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VAT RETURN FORMS FOR THE YEAR 2022
• non-taxable intra-community purchases (art. 42, paragraph 1 of Decree Law 331/1993), including those referred to
in art. 40, paragraph 2, of the same Decree Law ("community triangle" with the intervention of the domestic agent
as transferor/transferee);
• purchases of goods in transit or deposited in places subject to customs surveillance;
• purchases made via the introduction of goods into VAT deposits (following article 50-bis, paragraph 4, letters a) and
b) of Decree Law 331/1993);
• purchases of goods and services having as their object goods held in VAT deposits (art. 50-bis, paragraph 4, letters
e) and h) of Decree Law 331/1993);
• purchases relating to operations which fall under special margin schemes regulated by Decree Law 41/1995, carried
out by persons who apply the analytical, global method, including auction houses (see Appendix);
• purchases relating to operations carried out by travel agencies with the application of the special regime provided
for by article 74-ter (see Appendix).
The field must also indicate purchases relating to operations carried out on an occasional basis that fall within the sco-
pe of the specific regime provided for connected agricultural activities by article 34-bis (see instructions for line VF62).
Line VF18 field 2 exempt domestic purchases, exempt intra-community purchases (art. 42, paragraph 1, Decree Law
331/93) and non-taxable imports (art. 68, excluding letter a). In the current field intra-community purchases and im-
ports of investment gold must also be included. Furthermore, exempt purchases must be indicated pursuant to Art.
Art. 1, paragraph 453, of Italian Law no. 178 of 2020.
Line VF19, field 1, purchases from subjects that in the year 202 relied on facilitated regimes. These are purchases
2
from subjects that applied:
•
the tax advantages young entrepreneurs and redundancy workers as provided for by article 27, paragraphs
1 and 2, of decree law no. 98 of 2011.
the flat-rate scheme for natural persons carrying out business activity, arts and professions as provided for by
•
article 1, paragraphs from 54 through 89, of law no. 190 of 23 December 2014. These purchases must be distinctly
indicated in field 2 as well.
Line VF20 domestic purchases and imports not subject to tax, insofar as they were carried out, as provided for by
special provisions made in this regard, by taxpayers affected by earthquakes and similar subjects.
Line VF21 domestic purchases, intra-community purchases and imports, net of VAT, for which, as provided for by art.
19-bis1, or other enactments, the deduction of the tax payable is not admitted.
Note that for purchases to which the partial deductibility of the tax applies (for example 40%), only the tax rate for
the part of the non-deductible taxable amount must be indicated. The remaining tax rate and taxable amount must be
indicated in lines from VF1 to VF13.
Line VF22 indicate domestic purchases, intra-community purchases and imports, net of VAT:
• by taxpayers who carry out exclusively exempt operations for which the tax payable is entirely non-deductible, as
provided for by art. 19, paragraph 2;
• by persons who have chosen to be exempt from compliance as provided for by article 36-bis;
• relating to occasional exempt operations or relating to exempt operations as referred to in numbers from 1 to 9 of
article 10, which fall outside the scope of the activity of the business or are marginal to VAT operations (VAT on said
operations is in any case non-deductible);
• relating to exempt activities if occasional taxable operations are also carried out.
Moreover, the line shall include all the purchases referring to non-subjected transactions, regulated by articles 7 to 7-
septies which do not give right of deduction. They are non-subjected transactions which, if occurring in the State ter-
ritory, would not give right of deduction (article 19, paragraph 3, letter b).
Line VF23 indicate in field 1 the total amount of purchases with VAT payable in subsequent years registered in 2022,
with regard to which during the same year the tax did not become payable. The purchases in question:
• are carried out by subjects as indicated in the fifth paragraph of article 6;
• are carried out by subjects as indicated in art. 17-ter;
• are made by subjects who have made use of the VAT cash accounting scheme as provided for by article 32-bis of
Decree Law no. 83 of 2012. These operations must also be shown separately in field 2. It is pointed out that the field
does not need to be completed by sellers or customers of taxpayers who have opted for the VAT cash accounting
scheme. As Circular Letter no. 44 of 26 November 2012 also clarifies, in the case of sellers or customers who have
not opted to take advantage of the abovementioned scheme, entitlement to the deduction arises, in any case, at the
time of the operation.
Line VF24 purchases recorded in previous years for whom the tax became payable in 2022. Such purchases must
also be indicated next to the respective tax rates in lines from VF1 to VF14, for the sole purpose of the calculation of
the deductible amount. Their total (to be indicated without a preceding “minus” sign) must be subtracted from the total
amount of purchases made in 202
2.
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SECTION 2 – Total of purchases and imports, total tax, intra-community purchases, imports and purchases
from San Marino
Line VF25, column 1, is for indicating the total taxable amounts calculated by adding the amounts shown in lines
VF1 to VF23, column 1, reduced by the amount in line VF24. In column 2 the total of taxes calculated by adding the
amounts in columns 2 of lines VF1 to VF13 should be shown.
Line VF26 tax adjustments and roundings. The tax payable on purchases indicated in line VF25, column 2, may be
different from that resulting from the records. The difference between the VAT amount resulting from the register and
that resulting from the calculation must be indicated in line VF26, with a plus (+) sign if the total tax resulting from
the records is greater than the tax calculated, or with a minus (-) sign in the opposite case.
Line VF27 total of VAT on taxable purchases and imports, which is obtained from the algebraic sum of lines VF25,
column 2 and VF26.
Line VF28 reserved for taxpayers who have carried out intra-community purchases, imports of goods and operations
with the Republic of San Marino. Specifically:
• indicate the total amount of intra-community purchases of goods, taking into account adjustments as per art. 26,
recor-ded both in the output tax records (articles 23 or 24) and the input tax records (art. 25), indicating in field 1
the amount for intra-community purchases, including those indicated in art. 40 paragraph 2 of the Decree Law no.
331/ 1993 non-taxable or exempt operations as provided for by art. 42, paragraph 1, of the same Decree and in
field 2 the amount for taxable purchases even if this is not deductible in accordance with art. 19-bis1 or other pro-
visions;
• indicate the total figures relating to imports of goods resulting from customs declarations recorded during the tax
period. In field 3 show the amount for imports, and in field 4 the tax on taxable operations even if this is not deductible
in accordance with article 19-bis1 or other provisions. With regard to imports of industrial gold, pure silver, scrap and
other salvage materials for which VAT is not paid at customs the amounts must be included in part VJ for the purpose
of calculating the amount owed;
• indicate in field 5 the total amount of purchases of goods from San Marino for which a VAT invoice was issued by
the San Marino seller. In field 6 indicate purchases of goods from San Marino for which a VAT-exempt invoice was
issued by the San Marino seller and for which the domestic purchaser has fulfilled the relevant obligations in accor-
dance with art. 17, second paragraph. For the purposes of calculating the tax this amount and the tax payable must
be included in line VJ1. In both fields any purchases that are non-taxable on the basis of specific provisions must
also be included.
Line VF29 the total taxable amount of purchases (including intra-community purchases) and of imports indicated in
line VF25, column 1, must be set out in this line, which, as established by circular no. 12 of 16 February 1978, does
not need to be completed by agricultural producers that are not obliged by law to keep accounting records for the
purpose of indirect taxes (even if they have opted to apply tax in the normal manner in accordance with paragraph
11 of art. 34).
The following data must be included in the fields provided, net of VAT:
• field 1, cost of depreciable tangible or intangible assets as provided for by articles 102 and 103 of Presidential
Decree no. 917 of 22 December 1986, including assets with a cost not exceeding 516.46 euros and including the
redemption price for assets already acquired under leasing agreements (for example plant, machinery and equip-
ment);
• field 2, cost of non-depreciable operating assets, calculating:
– the amount of instalments for operating assets acquired under leasing, usufruct or hire agreements or other pay-
ments;
– sums for the purchase of non-depreciable operating assets (for example land);
• field 3, cost of assets for sale (goods) and assets for the production of goods or services (for example raw mate-
rials, semi-finished goods, auxiliary materials);
• field 4 cost of all other purchases and imports of goods or services essential to the operation of the enterprise, art
or profession that are not included in the preceding fields (for example general expenses, expenses for the purcha-
se of services, etc.).
SECTION 3 – Calculation of admissible deductible VAT
The section is included in order to calculate admissible deductible VAT. Taxpayers that have implemented specific
types of operations or that operate in specific fields of activity must indicate the method used to calculate the tax by
crossing the box provided in line VF30, even in the absence of data to enter in the relevant section.
It is pointed out that in no case must more than one box be crossed on the same form. In cases where two or more
regimes for calculating deductible VAT apply, a separate form must be completed for each regime applied.
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NOTICE: not line VF30 but lines from VF60 to VF62 must be completed by taxpayers who during the fiscal
year carried out:
– occasional exempt operations or occasional taxable operations in the absence of purchases pertaining to
them
– exclusively exempt operations as provided for by no. 1-9 of art. 10 which do not fall within the normal sphe-
re of activity of the business or which are accessory to taxable operations
– occasional sales of used goods
– occasional operations which come under the regime provided for by art. 34-bis for connected agricultural
activities.
It is pointed out that taxpayers who carry out operations relating to gold which fall under the rules set out in art. 19,
third paragraph, letter d), and under those of the following paragraph 5-bis, must keep separate accounting records
of the operations and complete two forms in order to show the admissible deductible VAT for each method of calcu-
lating the tax.
Line VF30 cross the box referring to the method used for calculating the admissible deductible tax:
– box 1 - Base to base method for travel agencies (art. 74-ter);
– box 2 - Marginal method for used goods (Decree Law no. 41 of 1995);
– box 3 - Activities carrying out exempt operations;
– box 4 - Activities in the farm holiday sector (Law no. 413 of 1991);
– box 5 - Associations operating in the agricultural sector (Law no. 413 of 1991);
–
box 6 - Concessionary tax regimes for travelling shows and minor taxpayers (art. 74-quater);
– box 7 - Special tax regime for connected agricultural activities (Art. 34-bis);
– box 8 - Special tax regime for agricultural businesses (Art. 34);
– box 9 – Wine tourism activities (Law no. 205 of 2017).
- box 10 - Oil tourism activity (Law no. 160 of 2019)
The amount of admissible deductible tax calculated according to ordinary criteria or according to special regimes for
which line VF30 must be completed by crossing boxes 1, 2, 4, 5, 6, 7, 9 or 10 must be indicated in line VF71 (see in-
structions).
Taxpayers who have recorded exempt operations for the tax period as provided for by art. 10 with the exception of ex-
clusively occasional exempt operations as provided for by no. 1 to 9 of art. 10 which do not fall within the normal sphe-
re of activity of the business or which are accessory to taxable operations must cross box 3 of line VF30 and complete
lines VF31 to VF37 (see also instructions for the completion of line VF60).
Agricultural businesses which have completed line VF30 by crossing box 8 must calculate the amount of admissible
deductible tax in accordance with the criteria set out in art. 34 by completing lines VF38 to VF55.
SECTION 3-A – Exempt operations
The section is reserved for taxpayers who have recorded exempt operations for the tax period as provided for by ar-
ticle 10 with the exception of exclusively occasional exempt operations or operations provided for by no. 1 to 9 of art.
10 which do not fall within the normal sphere of activity of the business or which are accessory to taxable operations.
It is pointed out that the carrying out of exempt operations on an occasional basis or exempt operations exclusively
as provided for by no. 1 to 9 of art. 10 which do not fall within the normal sphere of activity of the business or which
are accessory to taxable operations by a subject whose main activity is essentially subject to VAT, as well as the car-
rying out of taxable operations by a subject whose business activity is essentially exempt, does not give rise to the
application of the pro rata charge. In such cases the general criterion of the specific use of the goods and of the ser-
vices becomes applicable again, for the purposes of calculating the deductible tax, with the consequent non-deducti-
bility of the tax relating to the goods and services used in the exempt operations referred to above (article 19, para-
graph 2) (cp. circular letter 328 of 24 December 1997).
See also instructions for the completion of line VF60.
Lines VF31 to be completed exclusively by subjects who carry out essentially exempt activities and who have only
occasionally carried out taxable operations making purchases pertaining to them. The VAT relating to purchases
allocated to the latter operations is entirely deductible. In this case the taxable amount and tax on purchases classed
as taxable operations already shown in lines VF1 to VF13 must be indicated in the fields provided. It is pointed out
that the other lines of the current section must not be completed.
Line VF32 the box must be crossed by taxpayers who have carried out exclusively exempt operations. In this case
the other lines of the section are not to be completed and the total amount of purchases relating to these must be in-
cluded in line VF22, since the related tax is not deductible. Note that the box in the current line must not be crossed
by taxpayers who have only carried out exempt operations, as per paragraph 5-bis of art. 19. The deductible VAT due
for purchases referred to in the aforementioned art. 19, paragraph 5-bis, must be indicated in line VF36.
34
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VAT RETURN FORMS FOR THE YEAR 2022
Line VF33 the box must be crossed by taxpayers who made use, in 2022, of the option referred to in art. 36-bis. In
this case no other line of the present section must be completed and the taxable amount of purchases made must be
included in line VF22, insofar as it is not deductible.
Lines from VF34 to VF36 reserved for subjects who, having carried out both taxable and non-taxable operations du-
ring the course of their activity, are required to calculate the pro rata deduction as provided for by art. 19-bis.
The percentage of deduction is given by the ratio between the total amount of operations carried out during the year
which may be deducted (including both taxable operations and operations referred to in article 19, paragraph 3, inte-
grated with taxable operations for the purpose of deduction and the exempt operations referred to in Art. 1, paragraph
452 and 453, of Italian Law no. 178 of 2020) and the same amount increased by exempt operations carried out during
the same year.
In any case, paragraph 2 of article 19-bis identifies some operations which do not influence the calculation of the per-
centage of deduction and thus neither the numerator nor the denominator of said ratio should be taken into account.
This point regards, in particular, transfers of depreciable goods, internal transfers as referred to in art. 36, final para-
graph, operations as referred to in article 2, third paragraph, letters a), b), d) and f), exempt operations as referred to
in article 10, number 27 quinquies), as well as exempt operations as indicated in numbers from 1 to 9 of the afore-
mentioned article 10, in the case that they are not part of the subject ordinary activity or are incidental to taxable ope-
rations, i.e. if the abovementioned operations are performed within the scope of occasional activities or of activities
that are instrumental to the pursuit of the ends of the business. With reference to the latter operations (from 1 to 9 of
art. 10), it is established the total non-deductibility of the tax on goods and services used exclusively for their fulfilment
is established, in observance of a general principle sanctioned by paragraph 2 of article 19, which provides for the
non-deductibility of tax on goods and services used in exempt operations.
Line VF34 Data required for the calculation of percentage of deduction to be carried to field 10
In fields 1, 2, 3, 4, 7 and 9 certain types of exempt operations already included in line VE33 must be included.
Field 1 indicate the total amount of exempt operations as referred to in art. 10, number 11, carried out by agents who
produce investment gold or who transform gold into investment gold, identified by art. 19, paragraph 3, letter d), equa-
ted with taxable operations for the purposes of deduction (see Appendix, "Transactions relative to gold and silver").
Field 2 indicate the total amount of exempt operations, as referred to in article 10, numbers from 1 to 9, if they do not
constitute part of the activity of the business or are marginal to taxable operations. Such operations must not be con-
sidered for the purpose of calculation of the pro rata of deductibility.
In this regard, it is pointed out that activity of the business means every activity which falls within the ordinary range
of activity of the said business, that is within its proper institutional objective, with the sole exception of those activities
which are not carried out as a main activity, which is to say directly aimed at the pursuit of the end objectives of the
business, but in a merely instrumental, marginal or occasional way (cp. circular letters 25 of 03 August 1979 and 71
of 26 November 1987).
Field 3 indicate the total amount of exempt operations as referred to in art. 10, number 27-quinquies. This point re-
gards transfers of previously acquired or imported goods without the right to the total deduction of VAT as provided
for by articles 19, 19-bis1 or 19-bis2. It is pointed out that the amount to indicate in the current field must be reduced
by any transfers of exempt depreciable goods carried out. The operations indicated in the field must not be considered
for the purpose of calculation of the pro-rata of deductibility.
Field 4 indicate the total amount of transfers of depreciable goods and of internal transfers both exempt from VAT.
Such operations must not be considered for the purpose of calculation of the pro-rata of deductibility.
Fields 5 and 6 must include particular types of operations which, as provided for by art. 19, paragraph 3, give the right
to deduction, despite not being subject to the obligation of invoicing, registration, declaration, and which must be ta-
ken into account for the purposes of the calculation of the prorata of deductibility.
Field 5 indicate the total amount of operations carried out outside Italy which, if they had been carried out in Italy,
would give the right to deduction as provided for by article 19, paragraph 3, letter b), excluding operations for which
an invoice has been issued in accordance with article 21, paragraph 6-bis. These operations, in fact, must be indicated
in line VE34 and must be taken into account when calculating the amount to be indicated in line VE50.
Field 6 indicate the total amount of operations as referred to in art. 74, paragraph 1, subject to the single-phase VAT
regime (monopoly goods store etc.).
Field 7 indicate exempt operations as referred to in article 10, numbers from 1) to 4), equated with taxable operations
for the purposes of deduction by article 19, paragraph 3, letter a-bis). The line must also indicate the exempt opera-
tions referred to in art. 10, paragraph 3, equivalent to taxable operations for deduction purposes from art. 19, para-
graph 3, lett. d-bis).
Field 8 report operations exempt from VAT, already included in line VE34, which do not give right of deduction. Such
operations, if occurring in the State territory, would not give right of deduction (article 19, paragraph 3, letter b).
Field 9 indicate the exempt operations pursuant to Art. 1, paragraph 452 and 453, of Italian Law no. 178 of 2020, equi-
valent to taxable operations for the purpose of deduction.
Field 10 indicate the percentage of deduction, calculated using the following formula:
VE50 - VF34 field 8 + VF34 field 1 + VF34 field 5 + VF34 field 6 + VF34 field 7 + VF34 field 9 - VE33 - VF34 field 4)
–––––––––––––––---------––––––––––––––––––––––––––––––––––––––––––––––-––– x 100
VE50 - VF34 field 8 + VF34 field 5 + VF34 field 6 - VF34 field 2 - VF34 field 3
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VAT RETURN FORMS FOR THE YEAR 2022
The result must be rounded up or down according to whether the decimal part is higher or lower than five tenths. The
first three decimal places must be referred to; for example the percentage 0.502 would be rounded up to 1, the per-
centage 7.500 would be rounded down to 7. In the specific case in which a negative percentage results, the value 0
(zero) must be indicated, while if a percentage greater than 100 results, the value 100 must be indicated.
Line VF35 "Habitual" exporters must indicate VAT not discharged on purchases and imports as referred to in line
VF17 (for a definition of "habitual" exporters, see article 1 of Decree Law 746 of 29.12.1983, converted by Law 17 of
27 February 1984).
Line VF36 persons operating in the gold market, as distinguished from producers of investment gold and those who
transform gold into investment gold, must indicate the total amount of deductible VAT as provided for by art. 19, pa-
ragraph 5-bis in the current line (see Appendix, "Transactions relative to gold and silver"). If the aforementioned tax-
payers have only carried out exempt operations, the amount indicated in the present line must be carried forward to
line VF37.
Line VF37 must indicate deductible VAT. Methods of completion are distinguished with reference to the following si-
tuations:
• occasional exempt operations (line VF31). In this case the amount of the tax indicated in line VF31, column 2, must
be specified;
• fulfilment of exclusively exempt operations (line VF32). In this case, no amount should be indicated in line VF37, as
no VAT is deductible;
• presence of option as referred to in art. 36-bis (line VF33). In this case, no amount should be indicated in line VF37,
as no VAT is deductible;
• simultaneous presence of exempt and taxable operations. In this case, the amount of VAT deductible is obtained by
applying the pro-rata method, carrying out the following calculation:
Admissible VAT deduction
VF37 = [ (VF27 + VF35 - VF36) x VF34 field 10 : 100 ] - VF35 + VF36
The amount in line VF37, added algebraically to the amount in line VF70, must be carried to line VF71.
Method of completion of Section 3-A of Part VF
The table provided below contains some clarifications regarding the completion of the section under examination on
the basis of the various cases which may occur.
Method of completion of the section
Types of operation carried out
reserved for exempt operations
exclusively exempt operation
not obliged to submit return
(if the return is submitted in any case, complete line
VF32)
exempt and taxable operations with unified accounting
1 form
complete lines VF34,
VF35, VF36 and VF37
exempt and taxable operations with separate accounting 1 form
1 form
exempt operations complete line VF32
taxable operations
not obliged to submit return
(if the return is submitted in any case, complete line
VF33)
exclusively exempt operations with option art. 36-bis
exempt operations with option art. 36-bis and taxable
operations with unified accounting
1 form
complete line VF33
exempt operations with option art. 36-bis and taxable
operations with separate accounting
1 form
1 form
exempt operations complete line VF33
taxable operations
taxable operations and occasional exempt operations or
as referred to in numbers from 1 to 9 of art. 10, which
do not fall within the activity proper of the business
1 form
complete line VF60 box 1
exempt operations and occasional taxable operations with
related purchases
1 form
1 form
complete lines VF31 and VF37
complete line VF60, box 2
exempt operations and occasional taxable operations
without related purchases
36
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VAT RETURN FORMS FOR THE YEAR 2022
SECTION 3-B - Agricultural businesses (article 34)
Lines VF38 to VF55 must be completed by all agricultural producers whether simple or mixed agricultural businesses,
cooperatives, or other enterprises as provided for by second paragraph, letter c), or art. 34.
Line VF38 must include the taxable amount and the tax regarding the transfers of products and services which are
not agricultural (already included in section 2 of part VE), carried out by mixed agricultural businesses (art. 34, para-
graph 5).
The deductible amount relating to such operations must be included in line VF53.
Lines from VF39 to VF49 have been provided for the calculation of the flat-rate deduction applicable to transfers of
agricultural produce. In the lines regarding the set-off percentage applicable, the first column must include, both con-
tributions to co-operatives or other subjects as referred to in the second paragraph, letter c), of article 34 (from section
1 of part VE) carried out with the application of the percentage of compensation, and transfers of agricultural produce
carried out applying the VAT rate associated with each product (included in section 2 of part VE). The second column
must be used to indicate the tax calculated by applying the percentages of compensation to the taxable amounts spe-
cified in the corresponding fields of the first column.
Line VF51 tax variations and rounding-off, relating to operations referred to in lines from VF39 to VF49.
Line VF52 must include the totals of taxable amount and tax (algebraic sum of lines from VF39 to VF51).
Line VF53 VAT deductible for purchases and imports intended for the transfers of products other than the agricultural
referred to in line VF38.
Line VF54 indicate the deductible amount (i.e. theoretical VAT) in accordance with art. 34, paragraph 9, on the part
of agricultural producers who have carried out non-taxable transfers of agricultural produce included in Table A - first
part - in accordance with art. 8, first paragraph, art. 38-quater and art. 72, as well as intra-community transfers of agri-
cultural produce. The deduction or reimbursement of theoretical VAT in fact represents a system for the recovery of
VAT paid in advance by persons referred to in art. 34, who are not permitted to make purchases without applying the
tax through a letter of intent, in relation to the non-taxable operations carried out.
The amount to be indicated in the current line must be calculated by applying the percentages of compensation which
would have been applied if the operations had been carried out within the confines of the State.
Line VF55 total of the admissible deductible VAT, given by the sum of lines from VF52 to VF54. The amount of the
current line, added algebraically to that indicated in line VF70, must be specified in line VF71.
SECTION 3-C – Special cases
Lines VF60 to VF62 are reserved for taxpayers who have carried out:
– occasional exempt operations or occasional taxable operations in the absence of purchases pertaining to them,
– exclusively exempt operations as provided for by no. 1 to 9 of art. 10 which do not fall within the normal sphere of
activity of the business or which are accessory to taxable operations,
– occasional sales of used goods,
– occasional operations which come under the regime provided for by art. 34-bis for connected agricultural activities.
The three lines may be completed at the same time if all of the types of operations indicated are present if a special
regime has been adopted for calculating the tax deductible.
It is pointed out that either lines VF60 to VF62 or, alternatively, boxes 2, 3 and 7 in line VF30 must be completed.
Line VF53 must be completed by taxpayers who in carrying out activities that give rise to taxable operations have oc-
casionally carried out exempt operations or by taxpayers who in carrying out activities that give rise to exempt opera-
tions have occasionally carried out taxable operations. In particular:
– box 1 must be crossed if solely occasional exempt operations have been carried out or exclusively exempt ope-
rations provided for by numbers 1) to 9) of art. 10 which do not fall within the normal sphere of activity of the busi-
ness or which are accessory to taxable operations. The total amount of these exempt operations must be carried
forward to line VE33, while the related purchases must be indicated in line VF22;
–
box 2 must be crossed by taxpayers who carry out essentially exempt operations and who in conducting such activities
have only occasionally carried out taxable operations. It is pointed out that the box is reserved for taxpayers who have
not made purchases pertaining to such operations. In fact, in the case of purchases destined for occasional taxable ope-
rations and for the purpose of the relative deduction, line VF31 must be completed.
It is pointed out that box 1 and box 2 are alternatives.
Line VF6 the box must be crossed if occasional sales of used goods have been made with the application of the special
1
margin regime provided for by Decree Law no. 41 of 1995.
To calculate the total gross margin and to carry the data forward to part VE, refer to the instructions for completing
Form B contained in the Appendix under “Used goods”. It is pointed out that the amount of purchases relating to these
37
VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
sales must be indicated in line VF18 field 1, with the exception of purchases by taxpayers who in 2022 used the lighe-
ter regime to be indicated in line VF19.
Line VF62 must be completed by agricultural businesses that carried out operations on an occasional basis for
which the special regime for connected agricultural activities as per article 34-bis becomes applicable. In fields 1 and
2 indicate, respectively, the taxable amount and tax applicable to these operations, which are already included in part
VE. Admissible deductible VAT is calculated by applying the rate of 50% to the amount shown in field 2. Purchases
relating to these operations must be carried forward to line VF18 field 1 (for further clarifications see the Appendix un-
der “Wine and oil tourism activities”);
- fifty percent of the amount referred to in line VE26 if in line VF30 box 10 has been crossed, reserved for agricultural
businesses also carrying out oil tourism as referred to in Art. 1, paragraphs 513 and 514 of Italian Law no. 160 of 27
December 2019, which use the particular lump-sum determination system of VAT due provided for by Art. 5 of Law
no. 413 of 1991. The admissible deductible VAT is determined on a flat-rate basis by applying a 50% rate to the tax
on taxable operations (see the Appendix under the entry “Wine and oil tourism activities”).
SECTION 4 - Admissible deductible VAT
Line VF70 total adjustments. Article 19-bis2 establishes that the deduction of tax relating to purchase of goods and
services must be adjusted subsequently to that initially adopted in the case in which the right to deduction changed
at the time of use of the goods and services.
Beneficial tax regime for young businesspeople and unemployed workers as provided for by article 27. para-
graphs 1 and 2, of Decree Law no. 98 of 2011 – method for completing the form
The line must be completed in the return applying to the year in which this occurred, indicating the adjustment of the
deduction net of the part already used (if any) to reduce the payments still owed for the adjustment made upon adop-
ting the regime.
Flat rate regime for those individual who exercise entrepreneurial, art or professional activities, as per article
1, clauses 54-89, Law 190/2014
Subjects who, starting from the tax year 2023, avail of the beneficial method regulated by article 1, paragraphs 54 to
89 of Law no. 190 of 23 December 2014, shall report in line VF70 the contingent tax due as a result of the deduction
adjustment, as provided by article 1, paragraph 61, of Law no. 190 of 2014.
The same line must be compiled in the declaration regarding the year when the passage to the ordinary scheme took
place, indicating any tax credit due to the correction of the detraction pursuant to article 1, paragraph 61, of law no.
190 of 2014.
In order to determine the overall amount of the adjustments to be indicated in the return refer to prospectus D in the
Appendix (see "Adjustments to deductions ").
Line VF71 this line must always be completed by all taxpayers in order to indicate admissible deductible VAT. This li-
ne, taking into account the total of the adjustments set out in line VF70, must indicate:
• the amount from line VF27 if in line VF30 no box has been crossed;
• the amount from line VF27 if in line VF30 box 1 has been crossed, reserved for taxpayers to whom the regime
governed by article 74-ter applies. To facilitate the completion of the return by these taxpayers, Prospectus A is
provided in the Appendix (see under “Travel Agencies”)
• the amount from line VF27 if in line VF30 box 2 has been crossed, reserved for taxpayers who have applied the
special regime for used goods, works of art, antiques and collectible items, as governed by Decree Law no. 41
of 1995 and auction houses acting on their own behalf and on behalf of private parties on a commission agree-
ment basis which are obliged to apply the special regime provided for by article 40-bis of the same Decree Law
no. 41 of 1995. To facilitate the completion of the return by these taxpayers, Prospectuses B and C are provided
in the Appendix (see under “Used goods”);
• the amount from line VF37 if in line VF30 box 3 has been crossed and section 3-A, exempt operations, has been
completed;
• fifty percent of the amount from line VE26 if in line VF30 box 4 has been crossed, reserved for agricultural busi-
nesses providing farm holidays in accordance with Law no. 96 of 20 February 2006, which use the special flat-
rate system for calculating VAT payable provided for by article 5 of Law no. 413 of 1991. Admissible deductible
VAT is calculated on a flat-rate basis, applying a 50% tax rate to taxable operations (see Appendix under “Farm
holidays”);
• one third of the amount from line VE26 if in line VF30 box 5 has been crossed, reserved for trade union associa-
tions operating in agriculture, in relation to the activity of tax assistance provided to their own members, for which
article 78, paragraph 8, of Law no. 413 of 1991 provides for the flat-rate tax deduction of one third of VAT on taxa-
ble operations carried out;
• fifty percent of the amount from line VE26 if in line VF30 box 6 has been crossed, reserved for taxpayers who
38
VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
perform travelling shows as well as other performers of entertainment activities indicated in table C annexed to
Presidential Decree no. 633 of 1972 whose volume of business during the previous year did not exceed 25,822.84
euros, benefiting from the special regime governed by article 74-quater, firth paragraph (see Appendix under
“Activities in the entertainment field”);
• fifty percent of the amount from line VE26 if in line VF30 box 7 has been crossed by agricultural businesses sup-
plying services, primarily through the use of business equipment and resources normally employed in the agricul-
tural activity, subject to the flat-rate deduction regime as provided for by article 34-bis. The admissible deductible
VAT to show in the current line is calculated by applying the rate of fifty percent to the tax payable on taxable ope-
rations (see Appendix under “Connected agricultural activities”);
• the amount from VF55 if in line VF30 box 8 has been crossed, reserved for agricultural producers who have
applied the special regime governed by article 34;
• fifty percent of the amount referred to in line VE26, if in line VF30 box 9 has been crossed, reserved for agricul-
tural businesses also exercising the wine tourism activity referred to in art. 1, paragraphs 502 to 505 of the law
no. 205 of 27 December 2017, which use the particular flat rate determination system of VAT due provided for
by art. 5, of the law no. 413 of 1991. The VAT admitted as a deduction is determined on a flat-rate basis by ap-
plying the percentage of 50% to the tax relevant to taxable operations (seeAppendix under "Wine and oil tourism
activities”);
- fifty percent of the amount referred to in line VE26 if in line VF30 box 10 has been crossed, reserved for agricul-
tural businesses also carrying out oil tourism as referred to in Art. 1, paragraphs 513 and 514 of Italian Law no.
160 of 27 December 2019, which use the particular lump-sum determination system of VAT due provided for by
Art. 5 of Law no. 413 of 1991. The admissible deductible VAT is determined on a flat-rate basis by applying a
50% rate to the tax on taxable operations (see the Appendix under the entry “Wine and oil tourism activities”).
Completion of line VF60 by crossing box 1, and of line VF61, is not relevant to the calculation of admissible deductible
VAT. Therefore, in such cases, line VF71 must indicate the amount referred to in VF27. Conversely, if line VF60 has
been completed by crossing box 2 in line VF71, no amount must be indicated, as there is no admissible deductible
VAT. (Cp. the instructions for the completion of line VF22).
If line VF62 is completed, for the purpose of calculating the tax to indicate in line VF71, it is necessary to take into ac-
count fifty percent of the amount in line VF62 itself.
4.2.7. – PART VJ - CALCULATION OF TAX ON CERTAIN TYPES OF OPERATIONS
This part is reserved for the indication of particular types of operations for which tax, on the basis of specific enact-
ments, is owed by the transferee or by persons operating in specific sectors of business for commissions paid by
them. This part must include the taxable amount and the tax relating to the abovementioned operations, taking the
variations referred to in art. 26 into account.
It is pointed out that for the purposes of deduction, the operations indicated in this part must be included in part VF.
Line VJ1 indicates purchases of goods, including those of industrial gold, pure silver, scrap and other salvage material
as referred to in art. 74, paragraphs 7 and 8, coming from the Vatican City and the Republic of San Marino (art. 71,
paragraph 2) for which the transferee is required to pay the tax in accordance with article 17, paragraph 2. The total
amount of purchases of goods coming from San Marino must be indicated also in VF28, field 6.
Line VJ2 indicates the operations of withdrawals of goods from VAT deposits as referred to in art. 50-bis of Decree
Law 331 of 1993, carried out for the purpose of their use or in execution of acts of marketing in domestic territory (dif-
ferent from the ones where the tax is paid by the manager of the warehouse on behalf of the subject that proceeds
with the withdrawal).
Line VJ3 indicates purchases of goods and services from subjects who are resident abroad as provided for by art.
17, paragraph 2. It is pointed out that the line must indicated both purchases for which VAT obligations have been ful-
filled through the issue of a self-invoice and purchases for which they have been fulfilled through the integration of the
document issued by the non-resident subject.
Line VJ4 indicates payments made to urban public transport operators in accordance with the decree of 30 July 2009.
Line VJ5 indicates commissions paid by travel agencies to their intermediaries, as provided for by art. 74-ter, para-
graph 8.
Line VJ6 indicates domestic purchases of scrap and other salvage material as referred to in art. 74, paragraphs 7
and 8, for which the transferee is required to pay the tax. The line must also indicate the purchases of the pallets re-
covered for use cycles following the first one, and the performance of services dependent upon works contracts, pro-
curement contracts and the like, that have the purpose of processing non-ferrous scrap.
Line VJ7 indicates domestic purchases other than investment gold (so-called industrial gold) and of pure silver for
which tax is payable by the transferee, as provided for by art. 17, paragraph 5.
Line VJ8 indicates purchases of investment gold for which the option of taxation by the transferor has been chosen,
and thus the tax is owed by the transferee, as provided for in art. 17, paragraph 5.
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VAT RETURN FORMS FOR THE YEAR 2022
Line VJ9 indicates intra-community purchases of goods, including industrial gold, pure silver, scrap and other recy-
cled materials, cellular telephones, gaming consoles tablet PCs and laptops, integrated circuit devices, such as mi-
croprocessors and central work units.
Line VJ10 indicates imports of scrap and other salvage materials for which the tax is not paid at customs but dischar-
ged, as provided for by art. 70, paragraph 6, through the annotation of the customs document in the register as refer-
red to in articles 23 or 24 as well as, for the purposes of deduction, in the register as referred to in art. 25.
Line VJ11 indicates imports of gold other than investment gold (so-called industrial gold) and pure silver for which tax
is not paid at customs but discharged, as provided for by art. 70, paragraph 5, through annotation of the customs do-
cument in the register as referred to in article 23 or 24 as well as, for the purposes of deduction, in the register as re-
ferred to in art. 25.
Line VJ12 indicates purchases of services rendered by subcontractors in the construction sector not subject to tax
pursuant to article 17, paragraph 6, letter a) (cp. circular letter no. 37 of 29 December 2006).
Line VJ13 indicates purchases of buildings or parts of buildings for which the tax is payable by the seller, in accor-
dance with article 17, paragraph 6, letter a-bis).
Line VJ14 indicates purchase of cellular phones for which the tax is payable by the seller, as provided for by article
17, paragraph 6, letter b).
Line VJ15 indicates purchases of gaming consoles, tablet PCs and laptops, as well as integrated circuit devices, such
as microprocessors and central work units for which tax is to be payed by the transferee, under article 17, paragraph
6, letter c).
Line VJ16, indicates the purchases of services of cleaning, demolition, installation of systems, and completion with
regard to buildings for which the tax is owed by the transferee, pursuant to article 17, paragraph 6, letter a-ter);
Line VJ17, indicates the purchases of goods and services in the energy sector for which the tax is owed by the tran-
sferee, pursuant to article 17, paragraph 6, letters d-bis), d-ter), and d-quater).
Line VJ18, indicates the purchases made by public administrations holding VAT registration and to other subjects in-
dicated in art. 17-ter paragraph 1 required to pay the tax according to the same article and for whom the tax is part of
the periodical payments indicated in art. 5 paragraph 2 of the Ministerial Decree dated 23 January 2015, as amended
by the Ministerial Decree dated 28 June 2017.
Line VJ19 indicates total VAT on operations in the current section, obtained by adding together the amounts indicated
in column 2 from lines VJ1 to VJ18.
4.2.8. – PART VH - VARIATION OF PERIODIC COMMUNICATION
Notice: Line VH must be completed exclusively if there is the intention to send, integrate or correct the omit-
ted, incomplete or incorrect data in communications regarding periodic VAT payment’s (see resolution no.
104/E dated 28 July 2017). In this case, all requested data, even what does not need to be sent, integrated or
corrected must be inserted, even if the latter has been indicated in the VP field of the present declaration.
Should the sending, integration or correction lead to filling out the module without any information (es. If they
amount of the payment is equal to zero) the VH box, present in part VL - section “Completed Parts”-, must, in
any case be ticked. Should the omitted, incomplete or incorrect data not be part of the information that needs
to be indicated in this part, the latter does not need completion.
Lines from VH1 to VH16 must be completed by all taxpayers, to indicate data (input VATꢀor output VAT) resulting
from periodic payments made. In order to complete lines VH15 and VH16, it is necessary to insert the amount of the
relative payment subtracting the amount of any deposit that may be owed. including companies which have adhered
to group payment of VAT as pro-vided for by article 73 and by the Ministerial Decree of 13 December 1979, using the
appropriate lines for the indication of VAT debits or credits transferred to the group during the tax year.
It is pointed out that the amount to be indicated in the "debits" field of each line of the current section corresponds to
VAT owed for each period (even if not actually paid).
Taxpayers who make monthly payments must complete lines from VH1 to VH12, corresponding to the 12 months of
the year.
Taxpayers who have made quarterly payments must indicate the data relating to periodic payments in lines VH4,
VH12 and VH16. This last line is not to be completed by taxpayers indicated in art. 7 of the Decree of the President
of the Republic no. 542 of 1999, since the VAT payable (or Input VAT) for the fourth quarter by such taxpayers must
be considered for the purposes of the payment in the annual return.
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Taxpayers who have more than one business with separate accounting as mentioned in art 36, coinciding with the last
month of each trimester, have compensated the findings of the monthly liquidation with that of the trimester, in terms
of monthly liquidation, must indicate a sole amount in the indicated fields. If in debt, the amounts is the one correspon-
ding to the algebraic formula of credits and debits emerging from liquidations of singular periods.
If the amount owed does not exceed the limit of 25.82 Euro, including interest owed by taxpayers making quarterly
payments, the payment must not be made. Said amount must be indicated in the debits field of the line corresponding
to the payment period. Therefore the tax debit must be indicated in the periodic payment immediately subsequent to
this. (See line VP7 of the communication model referring of periodic VAT payments)
Line VH17 Report the amount of the payment on account due, indicated, or that should have been indicated, in live
VP13, column 2, of the communication model referring to periodic VAT payments.
The method box must be completed by indicating the code for the method used for calculating the advance VAT pay-
ment:
– “1” historical;
– “2” forecast;
– “3” analytical - actual;
– “4” taxpayers operating in the fields of telecommunications, water supply, electrical
energy, waste collection and disposal, etc.
NOTICE: The line must not be completed by companies participating in group VAT payment during the full tax
year. They must indi-cate the amounts transferred to the controlling company obliged to calculate the advan-
ce payment due for the group in the lineVK28.
Completion of part VH by sub-suppliers (article 74, paragraph 5)
Persons who make use of the right to pay VAT relative to operations deriving from subcontracting agreements, using
the appropriate tax codes, must include the amount relating to such operations in the line corresponding to the pay-
ment period in which they were carried out, even though the pay-ment was made quarterly (without added interest)
rather than monthly ticking the box “subcontractors” (cp. circular letter 45/E of 18 February 1999).
Completion of part VH by taxpayers who have made use of special tax credits or VAT credits transferred by
savings management companies
The taxpayer who, when making periodic or payment on account uses special tax credits or credits received from sa-
vings management companies, must indicate in the field "debits", of the lines included between VH1 and VH17, the
results of the payments and the amount of the payment on account net of the credits used. The special tax credits
must be included in line VL27 while the credits received from savings management companies must be reported in li-
ne VL28. These credits, used for the purposes of the annual return, must instead be carried forward to lines VL34 and
VL35.
If the taxpayer uses the aforementioned tax credits in set off using the F24 payment form, in part VH the results of pe-
riodic payments and the amount of the payment on account must be indicated without taking this set off into account.
Notes for persons affected by exceptional events
See Appendix under the entry "Persons affected by exceptional events".
Completion of part VH by taxpayers with separate accounting (art. 36)
See Appendix under the entry "Separate accounting".
Completion of part VH by controlling and controlled companies (art. 73)
Regarding the completion of part VH by companies adhering to group payment as referred to in art. 73 (in special ca-
ses of transfer of control during the tax year or mergers etc.) the taxpayer is referred to the clarifications supplied in
sub paragraph 3.4.3.
Completion of part VH in the case of extraordinary operations or substantial subjective transformations
According to the instructions supplied in paragraph 3.3. the person resulting from the transformation must complete
a form for himself and a form for the assignor. In part VH for the assignee, data relative to payments carried out by
the same person during the entire year must be indicated, including any operations carried out by the assignor in the
portion of the month or quarter during which the operation occurred. In part VH for the assignor, data relative to pay-
ments carried out until the last month or quarter which finished before the date of the operation must be indicated.
In addition, line VH17 must be completed in this part if the transformation occurred at a date later than that on which
advance payment was made.
In the case of transformations which do not imply the extinction of the assignor (e.g. conferment of a company branch),
the latter is required to make the annual return, completing part VH with exclusive reference to periodic payments re-
lating to activities which are not transferred.
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VAT RETURN FORMS FOR THE YEAR 2022
Completion of part VH by taxpayers whose bookkeeping is done by third parties
Regarding the completion of part VH, seeAppendix under entry "Taxpayers whose bookkeeping is done by third parties".
4.2.9. PART VM – PAYMENT FOR EU VEHICLE REGISTRATION
The VM part has been provided for indicating payments made during the tax year using the F24 form payments with
identification elements approved in order to implement the provisions contained in article 1, paragraph 9, of Decree
Law no. 262 of 03 October 2006, which introduce specific procedures for paying the tax relating to the first domestic
sale of new and used, previously considered an intra-community purchase.
Lines VM1 to VM12 corresponding to the 12 months of the year, therefore, must indicate tax paid during the year to
which the return applies, using the specific codes introduced by resolution no. 377 of 2007. Taxpayers who have made
quarterly payments in accordance with article 7 of Presidential Decree no. 542 of 1999 must indicate details regarding
payments ma-de using the F24 form payments with identification elements in lines VM3, VM6, VM9 and VM12. These
payments must be included in line VL29, field 1. It is pointed out that the amounts indicated in the aforesaid lines must
include payments made in relation to motor vehicles registered during 2022 but which were sold in subsequent years
(for example vehicle re-gistrations for the attainment of company objectives, see circular no. 52 of 2008).
4.2.10 – PART VK - CONTROLLING AND CONTROLLED COMPANIES
Part VK is reserved exclusively for controlling and controlled bodies or companies as referred to in art. 73 which have
taken part in the group payment of VAT during the tax year, and is presented in three sections.
SECTION 1 - General data
In line VK1 the controlling company and each controlled company must indicate:
• field 1, the VAT registration number of the controlling entity;
• field 2, the last month of control (for example 01 for January, 12 for December). Number 12 must be indicated in
case of suspension, in case of interruption of group VAT payment procedures starting from 1 January 2023, and also
in case of continuation of the above mentioned procedure for the same year.
One is reminded that, in accordance with art. 3, last paragraph, of the Ministerial Decree of 13 December 1979, as
amended in the Ministerial Decree date 13 February 2017. the loss of the prerequisites to avail of the procedure for
group payment has effect beginning from the periodic payment relating to the month or quarter during which this loss
arose (for example, a company in respect of which control ceased during the month of June, must indicate, if it makes
monthly payments, number 05, since control is to be considered exercised until the month of May; if, on the other
hand, it makes quarterly payments, it must indicate number 03, since control is considered to have ceased during the
first quarter). In the specific case of incorporation of the controlling company during the year by a company out-
side the VAT group, if the procedure for group VAT should be interrupted following its incorporation, then in both the
return of the incorporated controlling company (presented by the incorporating company) and in the returns of the con-
trolled, the number corresponding to the month of the last periodic (monthly or quarterly) group payment must be in-
dicated (for example, date of incorporation of controlling company 15 May - last month of control to indicate: 04 if
monthly, 03 if quarterly); while if the procedure continues for the whole of the tax year with accounts separate from
those of the incorporating company, number 13 must be indicated in the return of the incorporated controlling compa-
ny (presented by the incorporating company) and number 12 in the returns of the controlled. (cp. Ministerial Resolution
no. 363998 of 26 December 1986);
• field 3, company name of the controlling company. The "Extraordinary transactions" box, to be completed only in
the modules following the first one in the presence of several forms as a result of extraordinary transactions, it must
be crossed if the relevant company referred to in this form has been released, in the course of 2021 and before the
extraordinary operation, from the VAT settlement procedure of the group in which it participated.
SECTION 2 - Calculation of tax surplus
This section is for the calculation of the tax surplus, as provided for by article 6, paragraph 3, of the Ministerial Decree
of 13 December 1979, and must always be completed, if there is a credit or a debit surplus when the annual return is
made.
Line VK20 total of credits transferred, limited to the period of con-trol, increased by any amount resulting in line VX2
transferred for the adjustment of the annual return, when control lasted the whole year.
Line VK21 total of credits transferred, limited to the period of con-trol, increased by any amount resulting in line VX2
transferred for the adjustment of the annual return, when control lasted the whole year.
Lines VK22 and VK23 if the amount in line VK20 is greater than that in line VK21, the difference between VK20 and VK21
must be carried forward to line VK23; while if VK21 is greater than VK20, the difference between VK21 and VK20 must be
carried forward to line VK22.
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VAT RETURN FORMS FOR THE YEAR 2022
Line VK24, credit surplus set off. This line must include the amount of VK23 which has been effectively set off in whole
or in part, as against debit surpluses of other companies in the group.
This amount must be worked out from the certificate that the controlling body or company is required to issue
at the end of the year, to every company in the group, and must correspond to that indicated by the same con-
trolling company, for each company, in field 7 of part VS. For the amount of the credit surplus set off the gua-
rantee as provided for by art. 6, paragraph 3, of the Ministerial Decree of 13 December 1979, must be supplied.
It is pointed out that article 13 of the Legislative Decree no. 175 of 21 November 2014 replaced article 38-bis,
by significantly innovating the discipline pertaining the application of VAT refunds and especially removing
the general obligation to provide the guarantee (see Circular no. 32 of 30 December 2014). As clarified by cir-
cular no. 35 of 27 October 2015, the provisions contained in the new article 38-bis also apply to the payment
of group VAT.
Line VK25, request for refund of credit surplus by the controlling company, this line must be completed only if in the
annual return there is a credit surplus that has not been set off (that is, if the amount in line VK23 is greater than the
amount in line VK24), which is transferred to the group and for which the controlling company has requested a refund.
In such a case, for the purposes of refunds, the controlled company must possess the requirements referred to in art.
30 or 34, paragraph 9, which must be indicated by the controlling company by completing the box "Reason" (field 8
of part VS) of the VAT summarising prospectus 26 PR.
Line VK26 indicate the total amount of any special tax credits used for the whole of 2022, including that used for an-
nual adjustment, by the company if it belongs to certain categories of taxpayers.
Line VK27 in this line it is necessary to indicate the overall amount of interest transferred to the group by companies
which have carried out quarterly periodic payments as provided for by article 7 of Presidential Decree number 542 of
1999.
Said companies with quarterly payments as provided for by the abovementioned article 7 must indicate the total
amount of interest transferred, both quarterly and when the annual return is made.
Line VK 28 the companies participating in the group VAT payments for the entire tax year must indicate the amount
transferred to the controlling company which must determine the down payment the group must owe (see circular no.
53 dated 3 December 1991).
SECTION 3 - Termination of control during the year. Data relating to the period of control
This section must be completed exclusively if the company left the group during the tax year. In case an extraordina-
ryoperation took place in 2022, the assignor (e.g. Acquired copmany) should not complete this section in the module
if said company participated in group VAT payments up until the date of the operation.
Thus, in lines from VK30 to VK35 only data relating to the period of control must be indicated. For a description of
this data, the taxpayer is referred to the corresponding lines VL1, VL2, VL23, VL27, VL29, VL30, field 3.
Line VK36 if the controlled company left the group after making the payment on account, the part thereof which the
controlling company has re-credited to the controlled company, must be set out in this line.
4.2.11 – PART VN - SUPPLEMENTAL DECLARATIONS IN FAVOUR
The framework is reserved for subjects who have presented the 2021 supplementary statement in favour under art.
8, paragraph 6-b, of the relative to the tax year following the reference tax year of the supplementary statements (for
example, supplementary VAT statement 2020, relative to 2019, presented in 2022).
In the declaration relative to the tax period in which the supplementary statement was presented, a credit is indicated
deriving from the lower debt or from a bigger credit resulting from the supplementary statement (art. 8, paragraph 6-
quater of the Declaration of the President of the Republic no. 322 of 1998).
To that end, it is necessary to indicate the following data in line VN1:
– column 1, the year for which the supplementary statement was presented (for example, for the supplementary
statement VAT 2020, indicate 2019);
– column 2, ticked by the parent company controlling a VAT group liquidation whatever the credit, to indicate in co-
lumn 3, emerge from the VAT 26 PR prospectus of a supplementary statement presented in 2022, relative to the
same procedure;
– column 3, the credit deriving from lower debt or the greater surplus of deductibles resulting from the supplemen-
tary statement, for the quota not requested as reimbursement in the same supplementary statement. This amount
contributes to the determination of the annual settlement and accordingly, is reported in line VL28, column 1, or in
line VW30 if column 2 is ticked;
– column 4, the tax code of the subject referred to by the supplementary statement if different from the subject that
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VAT RETURN FORMS FOR THE YEAR 2022
presented it (for example, in the case of mergers, if the supplementary statement of the merged company was pre-
sented by the company performing the merger);
– column 5, in the presence of multiple modules as a result of substantial subjective transformations involving the
compilation of multiple sections 3 of the part VL, the number that identifies the first of the modules referred to the
participant to the transformation (including the declarer) that has presented the supplementary statement (for
example, if the merged company has presented, in 2022, before the extraordinary operation, a supplementary sta-
tement in favour, and the merging company completes a module for itself and two modules for the merged com-
pany, referring to two businesses managed with separate accounting, the present column must indicate the num-
ber 2).
In the case in which supplementary declarations relative to different years and/or different subjects were presented in
2022 (see col. 4) it is necessary to complete a line of the present part for each year of each subject.
It should be noted that although in the year for which the supplementary statement was presented, the subject did not
participate in the VAT Group liquidation in which it participates, instead, in 2022, the credit indicated in column 3 may
not be integrated into the same procedure because it is related to the prior tax period to that of compliance with the
group VAT settlement procedure.
It is noted that the compilation of multiple modules due to the presence of several parts VN does not modify
the number of modules which make up the declaration to indicate on the title page.
4.2.12 – PART VQ – OMITTED PERIODICAL PAYMENTS
The part was designed to allow the determination of the credit accrued following non-spontaneous periodic VAT pay-
ments or resumed after the suspension due to exceptional events, regarding tax years previous to the one pertaining
to this return.
In lines VQ1 and following the data to be indicated are:
-
-
column 1, the tax year to which the unpaid periodic VAT refers;
column 2, the difference, if positive, between the periodic VAT due and the periodic VAT paid, equal to the difference
between field 2 and the sum of fields 3, 4 and 5 of line VL30 of the annual tax return for the year of column 1 tax or
line VW30 in the case of a group VAT payment procedure;
-
column 3, with reference to the tax year indicated in column 1, the difference, if positive, between the credit that
would have been generated if the periodic VAT due had been fully paid by the date of submission of the relative annual
declaration ("potential credit") and the credit actually liquidated in line VL33 of the same declaration. The line must be
completed only if the aforementioned difference is positive and, in this case, it shall still be completed even in the ab-
sence of non-spontaneous payments. The "potential credit" is equal to the result, if positive, of the algebraic sum of
the following fields of part VL of the declaration relating to the tax year of column 1: (VL4 + VL11, col. 1 + VL12, col.
1 + VL24 + VL25 + VL26 + VL27 + VL28 + VL29 + VL30, col. 1 + VL31) - (VL3 + VL20 + VL21 + VL22 + VL23). In
case the amounts to be indicated in columns 5 and 6 refer to the tax relating to a group VAT payment procedure, the
credit liquidated is indicated in line VW33 of part VW of the VAT prospectus 26 PR while the potential credit is the
result of the algebraic sum, if positive, of the following fields of the cited VW framework of the tax year in column 1:
(VW4 + VW25 + VW26 + VW27 + VW28, col. 1 + VW29 + VW30, col. 1, + VW31) - (VW3 + VW20 + VW21 + VW22
+ VW23 + VW24);
-
column 4, the amount of periodic VAT relating to the tax year of column 1 paid, following the receipt of communica-
tions of irregularity and/or following the notification of payment documents, up to the date of presentation of the - clar-
ification relating to the previous tax year. This amount is equal to the sum of the payments indicated in columns 4, 5,
6 and 7 of part VQ of the previous model, referring to the same year in column 1;
-
column 5, the amount of periodic VAT relating to the tax year of column 1 paid, following the receipt of communica-
tions of irregularity (tax share of payments made with tax code 9001 and as the reference year to that of column 1),
in the period between the day following the filing date of the tax return for 2021 and the filing date of the tax return for
this tax year;
-
column 6, the amount of periodic VAT relating to the tax year of column 1 paid, following the notification of payment
document, in the period between the day following the date of submission of the declaration relating to 2021 and the
date of presentation of the declaration relating to this fiscal year;
- column 7, the amount of periodic VAT pertaining to the tax year of column 1 paid following the resumption of pay-
ments after the suspension for exceptional events in the period going from the day following the 2021 return filing date
to the filing date of this year’s tax return;
-
column 8, the amount of the credit that accrues as a result of the payments shown in columns 5, 6, and 7 above.
The credit amount is equal to the result, if positive, of the following calculation: (col. 5 + col. 6 + col. 7) - the greater of
(col. 2 - col. 3 - col. 4) and 0;
-
column 9, the tax code of the person to whom the payments refer, if it is different from the person presenting the
declaration (for example, in the case of incorporation, the periodic VAT has not been paid by the incorporated compa-
ny and the related non-spontaneous payments are carried out by the merging company);
-
column 10, in the presence of more than one form following subjective substantial transformations involving the
completion of multiple sections 3 of part VL, the number that identifies the first of the forms referring to the person par-
ticipating in the transformation (including the declarant) who has made the periodic VAT payments, following the re-
44
VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
ceipt of irregularity communications and/or following the notification of payment documents, before the extraordinary
transaction;
-
column 11, to be crossed by the parent company of a group VAT settlement procedure if the payments indicated in
columns 5, 6, and 7 refer to the periodic VAT relating to the same procedure.
It should be noted that the compilation of multiple forms due to the presence of multiple VQ panels does not
change the number of modules of the declaration to be indicated on the title page.
4.2.13 – PART VL - PAYMENT OF ANNUAL TAX
Part VL consists of three sections. If more than one form is completed because separate accounts are kept (art. 36),
sections 2 and 3 of this part must be completed, indicating the summary data for all activities declared (see paragraph
3.2) only on the first form complete dand identified as Form 01. If the return is submitted by a subject resultin from
a transformation, sections 2 and 3 of this part must be completed once only for each subject participating in the ope-
ration, and if separated accounts have been kept, the same sections 2 and 3 must be completed only in the first one
of the forms for each taxpayer.
SECTION 1 - Calculation of output or input VAT for the tax period
Line VL1 the sum of lines VE26 and VJ20.
Line VL2 indicate the amount from line VF71.
Line VL3 tax owed, calculated from the difference between line VL1 and line VL2.
Line VL4 tax credit, calculated from the difference between line VL2 and line VL1.
SECTION 2 - Credit from previous year
This section must be completed by taxpayers who in their return for the 2021 tax year have indicated an annual credit
for which a refund has not been requested.
The section must be completed also by taxpayers who in applying the provisions of the final paragraph of article 73,
may not include within the VAT group liquidation procedure the credit surplus emerging from the return relating to the
tax period preceding the one in which the group VAT payment procedure was joined. This credit, as specified by re-
solution no. 4/DPF of 14 February 2008, may be:
• the subject of a request for refund in subsequent years;
• carried over for deduction in subsequent years, once participation in group VAT payment has ceased;
• used in horizontal offsetting, as provided for by article 17 of Legislative Decree no. 241 of 1997, within the limits im-
posed by applicable legislation.
In addition, it can be transferred by subjects who have opted for tax consolidation as provided for by article 117 of the TUIR
(Income Tax Consolidated Act), for the payment of the IRES (Corporation Income Tax) due by the consolidating party.
Line VL8, field 1, indicate the credit emerging from the return for 2021 for which a refund has not been requested but
which has been used for deduction or offsetting purposes indicated in line VX5.
It should be noted that the VAT Group referred to in articles 70-bis and subsequent amendments must indicate in this
line the total amount of credits transferred by individual participants before joining the Group and highlighted by them in
line VX2, field 2 , or in line VY2, field 2, of the last annual declaration presented.
In addition, companies that have participated in group VAT payments for the entire tax year as provided for by article 73
must indicate in field 1 refunds requested in previous years for which the competent Office has formally denied the right
to the refund, authorising its use in accordance with Presidential Decree no. 443 of 10 November 1997. The amount of
the credit must also be indicated in field 2. This way of indicating a rejection of the VAT reimbursement also concerns
the forms of companies who have carried out extraordinary operations or other subjective relevant transformations (such
as, incorporated companies), and who have taken part in the same Group VAT liquidation procedure of the assignee
company who submitted the return (such as, the incorporee) until the date of the extraordinary operation. Since it is a
credit accrued in a tax period previous to the access to the group VAT payment procedure, it cannot be transferred to the
same procedure, but it stays at the controlled company's disposal, as described by Resolution no. 21 of 18 February
2014. In line VL27 instead. In case of participation to the Group VAT liquidation for periods of less than one year (except
for the above-mentioned extraordinary operations), this credit must be specified, instead, in line VL26.
For the completion of this line by subjects who during the fiscal year have participated in extraordinary operations or si-
gnificant transformations relating to taxable subjects which however have not brought about the extinction of the assignor
(e.g. partial demergers, conferment, sale or donation of a company branch), note that:
• the assignee (beneficiary, grantee, transferee or donee) must complete this line, in the form relating to operations
performed by the assignor, indicating the VAT credit resulting from the return relating to 2021 and transferred to it
from this, wholly or partly, as a result of the operation;
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VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
• the assignor (company demerged, conferor, transferor or donor) must complete this line indicating any VAT credit emer-
ging from the return relating to 2021 after the transfer effected in relation to the assignee as a result of the operation.
If this credit has been changed by the Revenue Agency following payment of the tax as provided for by article 54-bis,
in the line it is necessary to indicate:
• the credit recognised in the communication from the Revenue Agency, if it is greater than the amount declared;
• if the credit recognised (e.g. 800) is smaller than the amount declared (e.g. 1000), this lesser credit (800) must be
indicated. If following the communication the taxpayer has instead paid the difference between the declared and re-
cognised credit (200 in the example given) using Form F24, the entire credit declared (1000) must be indicated.
For the completion of this line by companies which previously participated in group VAT payment procedure as con-
trolling companies, please refer to the instructions provided in paragraph 3.4.4.
Line VL9 indicate the VAT credit carried over for deduction or as a set off in the previous return (VAT/2022 return re-
lating to 2021) and carried over for deduction with form F24 prior to submission of the return relating to 2022.
The same line must also include the greater credit recognised in the communication from the Revenue Agency sent
in accordance with art. 54-bis and used in any case to set off other sums payable before the submission of the return
currently under consideration.
Line VL10 must only be completed by taxpayers who during 2022 participated in a group VAT payment procedure for
the entire year and who under the provisions of the last paragraph of article 73 may not include in the same procedure
the credit surplus deriving from the fiscal period preceding the year in which it joined the group VAT payment proce-
dure. This line must be completed event in the modules relative to assignors of extraordinary operations (e.g. Com-
panies being acquired) that have participated to the same procedure of groups VAT payments of the assignees (e.g.
Acquiring companies) until the date of this extraordinary operation.
This amount is given by the difference between the amounts indicated in lines VL8, field 1, and VL9.
The ways of using the amount indicated in this line must be specified in part VX. Specifically: reporting said credit in
line VX2, field 1, and consequently:
– line VX4 must be completed to indicate the amount of refund requested, in accordance with article 30, third para-
graph (lesser deductible surplus of the three-year period, see Resolutions nos. 4/DPF of 2008 and 56/E of 2011);
– line VX5 must be completed to indicate the amount to be used in set off in the F24 form. To use it the tax year for
the return in which it is indicated must be taken as the relevant year;
– compilation of line VX6 to indicate the amount transferred by the subjects that opted for tax consolidation provided
for by articles 117 and following of the consolidated income tax law (TUIR).
Line VL11, field 1, indicates the credit deriving from the lower debt or from the greater deductible surplus resulting
from the supplementary statements presented in 2022, equal to the sum of the amounts indicated in column 3 of lines
from VN1 to VN4 of all the completed modules, for which the column 2 “Group” is not marked (in the event of comple-
ting column 5 of part VN, please refer to the relative instructions for identifying the form of part VL in which to report
said credit). The subjects that participated, in 2022, in a group VAT settlement procedure may not integrate the
amount of the credit to that of the procedure if, for the reference year, the same group did not participate in the sup-
plementary statement. In that case, when the declaring company participated, in 2022, in the group VAT settlement
for the entire tax year, that amount is indicated exclusively in field 2 and it must be reported in line VX 2, field 1, and,
consequently, with regard to the method of use, the same must be considered for the purposes of completion of lines
VX4, VX5 and VX6; differently said amount is indicated in field 1. Field 2 must be completed even by assignors of ex-
traordinary operations (e.g. Acquired companies) that have participated in the same procedure of group VAT payments
as the assignee (e.g. Acquiring company) until the date of the extraordinary operations, should it not be possible to
merge the credit amount to the procedure.
Line VL12, field 1, indicate the credit deriving from the sum of the amounts indicated in column 8 of lines from VQ1
to VQ5 of all the completed forms for which column 11 "Group" is not crossed (in case of completing column 10 of part
VQ, please refer to the relative instructions for identifying the form of part VL in which to report said credit). Persons
who participated in a Group VAT settlement procedure in 2022 cannot transfer the amount of credit to the procedure.
In this case, if the reporting company participated in 2022 in the group VAT payment for the entire tax year, this amount
must be indicated exclusively in field 2 and, as regards the methods of use, the same must be reported in line VX2,
field 1, and, consequently, considered for the purpose of compiling lines VX4, VX5 and VX6; otherwise this amount
must be indicated in field 1. Field 2 must also be completed in the forms relating to the companies causing extraordi-
nary transactions (for example, incorporated) that participated in the same group VAT settlement procedure as the
company having the declaring cause (for example , incorporating) until the date of the extraordinary transaction and
which cannot bring the amount of credit to the procedure.
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VAT RETURN FORMS FOR THE YEAR 2022
SECTION 3 - Calculation of output or input VAT
Line VL20 indicate the amount of refunds requested during the year. The amount of infra-annual refunds requested
(art. 38bis, paragraph 2) must be specified, even if the refunds, duly requested, have not yet been paid (in full or in
part).
Line VL21 indicate the amount of credits transferred by each company which effects group payments as provided for
by art. 73. This amount corresponds to the one indicated in column 2 of line VP14 of the communications model of
periodic VAT payments and in VP section of the present return, if compiled. In case of periodical omitted or wrong
communications, specify the amounts indicated in section VH.
Line VL22 indicate the amount of deductible tax surpluses relating to the first three quarters of 2022, used in set off
with Form F24 up to the date of presentation of the annual return (art. 17, Legislative Decree 241 of 1997). One is re-
minded that instead of the request for refunds during the year, as provided for by article 8 of Presidential Decree of
14 October 1999, number 542, such credits may be set off against other taxes, contributions and other premiums
owed only by persons who may legitimately request refunds during the year, in accordance with art. 38-bis, second
paragraph.
Line VL23 indicate the total amount of interest owed, by taxpayers paying quarterly, in relation to the first three perio-
dic payments, even if this does not coincide exactly with the amount of interest actually paid. Naturally, this line must
also include interest (owed in accordance with article 7 of Presidential Decree 542 of 14 October 1999), for quarterly
payments made late following successive regularisations. It is pointed out that the amount of interest owed relating to
the tax payable when the annual return is made must not be included in this line, but rather in line VL36.
Line VL24 must indicate, for each company in the group which was a dummy company for 2021 pursuant to article
30 of Law no. 724 of 23 December 1994, or to art. 2 paragraph 36-decies and 36-indecies of the Decree Law no. 138
dated 13 August 2011, the total amount of credit surpluses transferred during that year and liable to be returned by
the controlling company (see resolution no. 180 of 29 April 2008).
It is pointed out that the line must not be completed by dummy companies which in the VAT/2022 return indicated the
code 4 in line VA15 (dummy companies for the year to which the return applies and for the two preceding years and
which during the three-year period did not carry out significant operations for VAT purposes of not less than the
amount resulting from the application of the percentages set out in article 30, paragraph 1, of Law no. 724 of 1994).
In the aforementioned case, in fact, as clarified by circular no. 25 of 04 May 2007, the provision contained in the final
period, paragraph 4, article 30 of Law no. 724 of 1994 applies, entailing the permanent loss of the annual tax credit.
Line VL25 credit surplus from the previous year. This amount is given by the difference between the amounts indica-
ted in lines VL8, field 1, and VL9. Taxpayers who have completed line VL10 may not complete this line.
Line VL26 indicate refunds requested in previous years for which the competent Office has formally denied the right
to the refund but has authorised the taxpayer to use the credit for 2022 in the periodic payment or annual return (see
also Presidential Decree 443 of 10 November 1997, and circular letter 134/E of 28 May 1998). It is pointed out that
the line cannot be completed by companies that have participated in group VAT payment as provided for by article 73
for the entire tax year. This line cannot be filled neither by companies who performed extraordinary operations or other
relevant subjective transformations (such as incorporated companies), and who have taken part in the same Group
VAT liquidation procedure of the assignee company who submitted the return (such as, the incorporee) until the date
of the extraordinary operation. In these cases, the amount of the credit denied must be indicated in line VL8, field 1
and specified also in field 2.
Line VL27, indicate the total amount of special tax credits used for 2022 in the deduction of periodic payments and
of the payment on account. As a result of the provisions of art. 1, paragraphs 53 to 57 of Law no. 244 of 2007, any tax
credits indicated in part RU may be used, notwithstanding any enactments stipulated by individual institutive norms,
to an amount not exceeding 250,000 Euro yearly. For detailed information regarding the amount that can be used as
well as credits which are not subject to the limit, refer to the instructions for part RU of the 2023 INCOME forms;
Line VL28, indicate credits used in 202 by the declarant body or company, transferred by savings management com-
2
panies as provided for by art. 8 of Decree Law 351 of 2001, already included in section 2 of part VD.
Line VL29, filed 1 indicate the total amount of payments for the tax owed on the first domestic sale of vehicles pre-
viously considered intra-community purchases using the designated tax codes introduced under Resolution no. 337
of 21 November 2007. Specifically it must indicate:
• payments made during the year to which the return applies and which regard sales which took place during that ye-
ar;
• payments made in previous years but which regard sales which took place in the year to which the return applies.
Line VL30 indicate:
• in field 2, the total periodic VAT amount owed; this amount corresponds to the sum of VAT amounts indicated in co-
lumn 1 of line VP14 of the communications model of periodic VAT payments relative to 2022 and of the VP section
47
VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
of the present return, if compiled (without considering the amounts already indicated in column 1 of line VP14 but
not paid as they are not higher than EUR 25.82). The amount of the deposit indicated in line VP13, field 2, of this
model must be added to previously mentioned totals. In case of omitted or incorrect periodic communications, indi-
cate the amounts inserted in line VH. This field is not to be completed by companies which have participated in the
procedure of group VTA payments for the entire year, In case of partial participation during the year, one must only
indicate the total VAT amount owed resulting from periodic payments that have been made after the interruption of
the procedure of group VAT payments;
• in field 3, the total periodic payments, including VAT deposits (see Appendix) and the quarterly interest along with
the payment made following amednments indicated in art. 13 of the Legislative Decree no. 427 of 1997, relative to
2022. It is necessary to underline that the total amount of the periodic payment is the total of the VAT data reported
in column “Payments made” of the “Treasury section” of the F24 payment module, even if these have not been paid
due to credit compensation relative to other taxes (even VAT), fees, bonus for which the following tax codes were
used;
• from 6001 to 6002 for monthly payments;
• from 6031 to 6033 for quarterly payments and 6034 for payments of the fourth trimester made by taxpayers indi-
cated in art. 73 paragraph 1 letter e and art. 74 paragraph 4;
• 6013 and 6035 for the deposit;
• From 6720 to 6727 for payments made for subcontracts.
In the particular case of a subsidiary participating in the Group VAT payment that left the group after the final term es-
tablished for the payment of the VAT, the same must include in this field the amount of the advance paid on its behalf
by the parent entity or company already indicated in line VK36;
• In field 4, periodic VAT amount of 2022, paid after receiving communication of the outcomes of the electronic con-
trol, under art. 54-bis, concerning the communications of periodical liquidations under art. 21-bis of the Legislative
Decree no. 78 of 2010. In particular, the tax amount of the sums paid with code 9001 (net of sanctions and inte-
rests) must be indicated, as well as the year 2022, until the submission of the return.
• In field 5, the periodic VAT amount, relating to 2022, paid up to the date of submission of the declaration, following
the notification of payment folders.
• In field 1, the larger amount between the one indicated in field 2 and the sum of those indicated in fields 3, 4 and 5.
Line VL31 indicate the amount of debits transferred during periodic payments by each company which effects group
payments as provided for by art. 73. This amount corresponds to the one indicated, in column 1 of line VP14 of the
communications model regarding periodic VAT payments and of the VP section of the present return, if compiled. In
case of periodical omitted or wrong communications, specify the amounts indicated in section VH.
Line VL32 total output VAT, to be indicated if the sum of the debit amounts (line VL3 and from line VL20 to VL23) is
greater than the sum of the credit amounts (line VL4, VL12, field 1 and from line VL24 to VL31). The relative data is
obtained from the difference between the aforementioned amounts.
Line VL33 total input VAT. Calculate the difference between the sum of the credit amounts (line VL4, VL12, field 1 and
from line VL24 to VL31) and the sum of the debit amounts in column 1 (line VL3 and from line VL20 to VL23). If the
difference between the amounts is positive, please indicate in this line the amount obtained, by considering, among
the receivable amounts, the sum of fields 3, 4 and 5 (periodical paid VAT) instead of field 1 of the same line. When
calculating the receivables of the return, only the paid amounts should be taken into account. If the calculation brings
to a negative outcome, this line must not be filled.
Line VL34 indicate the amount of the tax credit used by special categories of taxpayers for the deduction of output VAT
(VL32) when the annual return is made. One is reminded that such special tax credits may be used only for the purpose
of paying tax due and, as such, can never be commuted into deductible tax surpluses (to be deducted the following
year or to be refunded). As a result of the provisions of art. 1, paragraphs 53 to 57 of Law no. 244 of 2007, any tax
credits indicated in part RU may be used, notwithstanding any enactments stipulated by individual institutive norms, to
an amount not exceeding 250,000 Euro yearly. For detailed information regarding the amount that can be used as well
as credits which are not subject to the limit, refer to the instructions for part RU of the 2023 INCOME forms.
Line VL35 indicate the part of the credit received following transfer carried out by a savings management company
as provided for by art. 8 of Decree Law 351 of 2001 and used to reduce the VAT debit resulting from the current return.
This amount, already included in line VD54, must not in any case exceed the amount resulting from the following for-
mula: (VL32 - VL34).
Line VL36 indicate the total amount of interest owed by taxpayers paying quarterly, relative to VAT to be paid (output
tax) (VL32-VL34-VL35) as annual adjustment.
Line VL37 indicate the part of the input VAT, emerging from the current return, transferred as provided for by article
8 of Decree Law 351 of 2001. Said amount corresponds to the one indicated in line VD1.
Line VL38 indicate the total amount of VAT due (output VAT), derived by subtracting from the data indicated in line
VL32 any credits used (VL34 + VL35) and adding quarterly interest owed (VL36).
48
VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
Line VL39 indicate the total input VAT resulting from line VL33.
Savings management companies which, as provided for by art. 8 of Decree Law 351 of 2001, have transferred all or
part of the input VAT specified in line VL33, must indicate in the current line the result obtained from the difference
between the amounts in line VL33 and line VL37.
Line VL40 indicate the amount corresponding to the excess used credit, net of amounts paid in the form of penalties
and interest, if during the tax period to which the return refers amounts requested with specific demands issued follo-
wing the undue offsetting of existing but unavailable tax credits have been paid (e.g. use of compensation of VAT if
there is lack of conformity according to art. 10 paragraph 1 letter a) of the Decree law no. 78 of 2009. By indicating
the amount, the validity of this credit is restored and equal to that of the credit generated during the tax period to which
the return refers.
If the line is completed by companies that have not participated in group VAT payments, the amount specified, as it is
not transferable to the group, must be written in line VX2, field1, and considered when completing lines VX4, VX5 and
VX6.
Line VL41, indicate:
- field 1, the difference, if positive, between the periodic VAT due and the periodic VAT paid, equal to the difference
between field 2 and the sum of fields 3, 4 and 5 of line VL30;
- field 2, the difference, if positive, between the credit that would have been generated if the periodic VAT due had be-
en fully paid by the annual return filing date ("potential credit") and the credit actually paid in line VL33. The line must
be completed only if the aforementioned difference is positive. The "potential credit" is equal to the result, if positive,
of the algebraic sum of the following fields: (VL4 + VL11, col. 1 + VL12, col. 1 + VL24 + VL25 + VL26 + VL27 + VL28
+ VL29 + VL30, col. 1 + VL31) – (VL3 + VL20 + VL21 + VL22 + VL23).
4.2.14 – PART VT - SEPARATE INDICATION OF OPERATIONS CARRIED OUT REGARDING END CONSUMERS
AND VAT SUBJECTS
This part has been inserted in order to allow for the separate indication of transfer goods and supply of services carried
out regarding end consumers and subjects with VAT registration numbers within the framework of the annual return
form, as per article 33, paragraph 13, of Decree Law no. 269 of 30 September 2003, amended by Law no. 326 of 24
November 2003.
This part is destined for all VAT taxpayers who are obliged to present the return and it must only be filled in form 01.
In cases of separate accounts or extraordinary operations or substantial subjective transformations, the part must be
filled in only once giving indications of the data relative to the various accounts or the various subjects who have par-
ticipated in the transformation.
Line VT1 Division of taxable operations carried out as regards end consumers and subjects with VAT regi-
stration numbers
Field 1 indicate the total amount of taxable operations deriving from the sum of the amounts shown in field 1 of line
VE24 of all the forms comprising the return.
Field 2 indicate the total amount of the tax on taxable operations deriving from the sum of the amounts shown in line
VE26 of all the forms comprising the return.
Fields 3 and 5 divide up the amount indicated in field 1 respectively between the operations carried out regarding end con-
sumers and those carried out regarding subjects with VAT registration numbers. With regard to such, reference may be ma-
de to the payment certification manners outlined in articles 21, 21-bis and 22 or to ulterior criteria that allow for the operation
to be qualified for the aforementioned purposes. Taxable operations carried out by artists and professionals are understood
to be referred to end consumers except in cases of other qualifications of the receiver, which is deducible from the certifi-
cation as per article 21 and 21-bis.
Fields 4 and 6 indicate the tax due relative to the operations indicated in fields 3 and 5.
Lines from VT2 to VT22 Division of the operations carried out as regards end consumers on a regional basis
The lines are reserved for taxpayers who, having carried out operations with end consumers, have filled in fields 3
and 4 of line VT1 for the apportionment of these amounts in correspondence to the autonomous regions and provinces
where the place or places of business are situated.
4.2.15 – PART VX - CALCULATION OF VAT TO BE PAID OR INPUT VAT
Part VX contains data relating to VAT to be paid or the input VAT and must be completed exclusively using a single
form numbered 01.
Completion of part VX by controlling and controlled companies (article 73)
Companies participating in group VAT payments must complete, for the entire tax year, exclusively line VX7 or line
VX8 in order to indicate the debit or the credit transferred to the group when the adjustment was effected. These sub-
jects also complete line VX2, field 1, reporting the sum of the amounts indicated in the following lines, for all the mo-
dules, regarding credits that cannot be transferred to the group VAT liquidation procedure:
49
VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
- VL10;
- VL11, field 2;
- VL 2, field 2;
- VL40.
In case of extraordinary operations (for example acquisition) and if the declaring assignee (for example acquiring com-
panies) participated in the procedure of group VAT payment for the entire tax year, any debit or credit adjustment re-
sulting form part VL of the modules relative to the assignors (for example acquired companies) that did not participate
in the above procedure (or if they interrupted said procedure before extraordinary operations), this must be indicated
in line VX1 or line VX2, field 1. It is thus necessary to determine the difference between the sum of the debit amounts
indicated in lines VL38 and the sum of the credit amounts indicated in rows VL39, both highlighted in parts VL of each
subject, external to the group, participating in the extraordinary operation. The amount of said difference (positive or
negative) is then added to the sum of the amounts indicated in lines VL10, VL12, field 2 and VL40 of all of the com-
pleted forms. Therefore, line VX1 indicates the total amount to pay that is equal to the result of the above-mentioned
algebraic sum, if positive. If the result is negative this (total value) is reported in line VX2, field 1.
Here below is how to use the amount indicated in line VX2, field 1:
– line VX4 must be completed to indicate the refund amount requested, in accordance with article 30, third paragraph
(lesser credit surplus deductible for the three-year period; see resolutions nos. 4/DPF of 2008 and 56/E of 2011);
– line VX5 must be completed to indicate the amount to be used in set off using the F24 form;
– compilation of line VX6 to indicate the amount transferred by the subjects that opted for tax consolidation provided
for by articles 117 and following of the consolidated income tax law (TUIR).
It is pointed out that companies which have left the group because of cessation of control in the course of the year,
lies VX7 and VX8 must not be completed and they must indicate the annual balance whether is it debit or credit, re-
spectively in line VX1 or VX2, field 1.
Compilation of part VX in the event of bankruptcy or judicial liquidation or compulsory administrative liqui-
dation during 2022
Regarding how to complete part VX, please refer to the clarifications provided in paragraph 2.3.
Line VX1 VAT The line must include the amount contained in line VL38. It is pointed out that if line VL40 is completed,
excluding cases in which the line has been completed by companies that have participated in group VAT payment for
the full tax year, the amount to indicate is the difference between the amounts indicated in lines VL38 and VL40.
In the case of substantial subjective transformations which entail the completion of several sections 3 of part VL (that
is, of one section 3 for each entity taking part in the transformation), line VX1 must indicate the total amount payable
resulting from the difference, if positive, between the sum of the amounts payable indicated in line VL38 and the sum
of the credit amounts indicated in lines VL39 and VL40 deriving from each entity taking part in the tran-sformation in
their own part VL.
Line VX2, field 1, VAT credit amount. Indicate the excess amount of annual deductible tax as referred to in line VL39,
to be ap-portioned among the following lines VX4, VX5 and VX6 the sum of the amounts indicated in lines VL39 and
VL40 must be indicated.
In the case of substantial subjective transformations which entail the completion of several sections 3 of part VL (that
is, of one section 3 for each entity taking part in the transformation), line VX2, field 1, must indicate the total sum of
deductible surpluses resulting from the difference, if positive, between the sum of the credit amounts indicated in lines
VL39 and VL 40 and the sum of the amounts payable indicated in lines VL38 that for each subject result in the tran-
sformation of the respective parts.
It is pointed out that dummy companies for the year to which the return refers and for the two previous years that have
indicated code 4 in line VA15 may not divide the amount specified in this line in the following lines. To these subjects,
the provision contained in the final sentence of paragraph 4, article 30, of Law no. 724 of 1994 applies, with the per-
manent loss of the annual VAT credit.
Completing line VX2 on behalf of the passive subjects who, starting from 1 January 2023, take part in a Vat
Group under art. 70-bis and following amendments.
For these subjects, under art. 70-sexies, the portion of deductible surplus resulting from this return (indicated in field
1), corresponding to the amount of paid VAT sums of 2022, should be transferred to the VAT Group starting from 1 Ja-
nuary 2023. This amount, already present in field 1, should be indicated in field 2.
Thus, the amount of deductible surplus to be divided in the following lines VX4 (also in the absence of the require-
ments under art. 30), VX5 and VX6, results from the difference between the amount written in field 1 and the amount
written in field 2.
Line VX3 excess payment. Indicate the excess amount paid in comparison with the amount to pay resulting from line
VX1. The line must also be completed if, in respect of a tax credit emerging when the annual return is made, a tax
payment has been made. In this latter case indicate the entire amount erroneously paid.
50
VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
Said excess must be indicated in the current line if the annual adjustment has been paid in a lump sum or if it has
been paid in instalments but said excess has not been completely or partially recovered by means of the successive
instalments. The line must be used also when, following the submission of a return which is a correction of an existing
return by the due date, or a supplementary return as referred to in art. 8, paragraph 6-bis, of Presidential Decree
322/1998, payment exceeding the amount owed results.
The line must also indicate any credit amount for the tax period to which the return refers used as set off exceeding
the amount due based on the current return or exceeding the annual limit of 2,000,000 euros as provided for by art.
34, paragraph 1, of law no. 388 of 2000, as amended from art. 1, paragraph 72, of law no. 234 of 2021, and paid spon-
taneously according to the procedure described in Circular no. 48/E of 7 June 2002 (answer to question 6.1) and in
resolution 452/E of 27 November 2008. It is pointed out that the amount of the credit paid must be indicated net of any
penalties or interest paid as correction.
The indication in the line of the excess amount paid constitutes a credit which the taxpayers affected will be able to:
– deduct in the year following 2022 or use for the purposes of set off;
– request the refund thereof, if the conditions and requirements listed in art. 30 are met.
With reference to the latter hypothesis of requesting a refund for excess payment, it is clarified that the amount of said
excesses must be included in line VX4, field 1.
It is pointed out that in the case of the presence of either a VAT credit in line VX2, field 1, or an excess payment
in line VX3 the sum of the amounts in the afore-mentioned lines must be apportioned among lines VX4, VX5
and VX6. As for the passive subjects who, starting from 1 January 2023, take part in a VAT Group under art.
70-bis and following amendments, the indicated amount in line VX3 should be transferred to the VAT Group
from 1 January 2023, finally added to the amount resulting from field 2 of line VX2. Thus, in this case, among
the above-mentioned lines VX4, VX5 and VX6, the amount that should be divided is only the one resulting
from the difference between field 1 and 2 of line VX2.
Line VX4, amount of refund requested. The line is reserved for VAT taxpayers who intend to request the refund of
the VAT credit emerging from the annual return relative to the 2022 tax period. One is reminded that the refund, in the
cases provided for by article 30, paragraph 2 or by article 34, paragraph 9, is due only if the credit surplus resulting
from the annual return is higher than 2,582.28 Euro but may also be requested for a lower amount.
In the case of discontinuance of an activity, the refund is due without limits as to the amount.
In addition to the situations referred to above, the taxpayer may in any event claim the refund where from the decla-
ration for the tax period there is a deductible tax surplus and where from the declarations for the 2 years immediately
preceding the current one there are deductible tax surpluses brought forward as a deduction in the following year. In
such cases the refund is due for the lesser of the aforesaid surpluses, even if such amount is less than the limit of
2,582.28 euro set out above.
Field 1 must be completed by indicating the amount of refund requested.
Field 2 must be completed by indicating the quota that is part of the refund for which the taxpayer intends to use the
simplified refund procedure through the collection agent. We point out that the field must not be completed where
refunds are claimed for taxpayers undergoing insolvency proceedings, as well as where refunds are claimed by
taxpayers who have discontinued their activity. The granting of this type of refund falls under the exclusive juri-
sdiction of the offices of the Revenue Agency (circular letter no. 84 of the 12 March 1998).
This portion, added to the amounts that have been or that will be set off during 2023 in the F24 form, cannot exceed
the limit provided for by the regulations in force, amounting to 2,000,000 euro (art. 34, paragraph 1, of law no. 388
of 2000, as amended from art. 1, paragraph 72, of law no. 234 of 2021).
Field 3 must be completed by indicating the code corresponding to the reason for the refund.
For further information on the various circumstances giving rise to a refund, particular reference should be made to
the circulars issued by the Revenue General Management: circular letter no. 2 of 12 January 1990, circular letter no.
13 of 05 March 1990 and circular letter no. 5 of 31 January 1991 and, in relation to the criterion for calculating the
average tax rate, circular letter no. 81/E of 14 March 1995.
Code 1 – Article 30, paragraph 1, discontinuation of business
Code 1 must be indicated by taxpayers who discontinued their business in 2022.
As specified in circular letter no. 84 of 12 March 1998 owing to the particularity of the problems involved and the
checks to be carried out, only the offices of the Revenue Agency can grant this type of refund.
Code 2 – Article 30, paragraph 2, Average rate
Code 2 must be indicated by taxpayers who request the refund in accordance with article 30, paragraph 2, letter a).
The provision is directed at persons who solely or ordinarily carry out asset transactions subject to lower tax rates
than those applicable to purchases and imports.
The right to the refund exists if the tax rate on average applied to the purchases and imports exceeds that on average
applied to the asset transactions carried out, increased by 10%.
In calculating the average tax rate must be calculated to the second decimal place. The active operations to take into
account in order to make the calculation are taxable operations, including transfer of investment gold that has beco-
me taxable as a result of the choice made, industrial gold and pure silver, sales of scrap materials as set out in par.
7 and 8 of article 74, operations carried out pursuant to article 17, paragraphs 6 and 7, and art. 17-ter. Moreover,
transfers made to earthquake victims and supplies of goods as per article 10, paragraph 10 shall be included.
51
VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
The passive operations to consider consist of taxable purchases and imports which are tax deductible.
In addition, with regard to calculation of the average rate, it is pointed out that:
– the purchases, imports and transfers of depreciable assets must be excluded;
– general expenses must be included among the purchases;
– the user may include the tax amount relating to financial lease contracts for deprecia-
ble goods (Circular no. 25 of 19 June 2012).
Code 3 – article 30, paragraph 2, non-taxable operations
Code 3 must be indicated by taxpayers who request the refund in accordance with article 30, paragraph 2, letter b),
as they have carried out non-taxable operations during the year as provided for by articles 8, 8-bis and 9, in addition
to non-taxable operations as provided for by articles 41 and 58 of Decree Law no. 331 of 1993, for a total of over
25% of the total amount of all operations carried out during the 2022 tax period.
You are reminded that the percentage must be rounded up to the higher decimal place.
In particular this is concerned with the non-taxable transactions derived from:
– exports, assimilated transactions and international services provided for in articles 8, 8-bis and 9, as well as equi-
valent transactions in terms of the law, for example, articles 71 (transactions with the Vatican and San Marino) and
72 (transactions with particular international bodies etc.);
– transfers in terms of articles 41 and 58 of Decree Law No. 331/1993;
– intra-community transfers of goods drawn from a VAT warehouse with consignment in another member State of
the European Union (art. 50-bis, paragraph 4, letter f) of Decree Law No. 331/1993);
– the transfers of goods drawn from a VAT warehouse with transport or consignment outside the territory of the
European Union (art. 50-bis, paragraph 4, letter g) of Decree Law No. 331/1993).
Transactions carried out outside the European Union by the travel and tourism agencies, which fall within the special
regime provided for by art. 74-ter (see R.M. no. VI-13-1110/94 of 15 November 1994), as well as the exports of used
goods and the other goods referred to in Decree Law No. 41/1995 must be included among the non-taxable transac-
tions referred to above.
To determine the overall amount of the asset transactions carried out during the tax year, reference may be made to
the sum of the absolute values of lines VE40 and VE50. Where more than one form is completed, reference must
be made to the sum of the corresponding lines of the forms.
Code 4 – article 30, paragraph 2, purchases and imports of depreciable goods and services for studies and
research
Code 4 must be indicated by taxpayers who request the refund in accordance with article 30, paragraph 2, letter c),
exclusively for the amount relative to the purchase or imports of depreciable goods as well as services for studies
and research.
As specified by resolution no.122 of 2011, the refund may also be requested by leasing companies that adopt the
international IAS/IFRS accounting standards.
As regards the tax discharged on the purchase and import of depreciable goods, we point out that what is due is the
refund of the deductible tax relative to the purchases recorded during 2022, as well as to the purchases of the abo-
vementioned goods recorded in previous years, where the refund was not claimed or where it was set off in the F24
form, but where from the accounting entries it appears that the tax was either entirely or partially brought forward as
a deduction in subsequent years (cp. circular letter no.13/1990).
Further, the refund is due not only for the purchase and import of depreciable goods, but also for the purchase of
same in the execution of procurement contracts or leasing agreements (see circular letter no. 2/1990 and resolution
no. 392/2007).
We point out that in terms of Decree Law no. 351 of 25 September 2001, converted into Law no. 410 of 23 November
2001, the refund is due for the purchases of immovable property, as well as for maintenance costs incurred in respect
of such assets, where the maintenance was effected by savings management companies in the manner and within
the time limits established therein.
Code 5 – Article 30, paragraph 2, Non-taxable operations
Code 5 must be indicated in the case of refunds requested by taxpayers in accordance with article 30, paragraph 2,
letter d), who during 2022 carried out mainly non-taxable operations as provided for by articles 7 to 7-septies.
We wish to make it clear that with the aim of establishing the prevalence of the aforesaid transactions with respect
to the overall amount of the transactions carried out, it is also necessary to include among the aforesaid transactions
the exports and assimilated transactions in terms of articles 8, 8-bis and 9, as well as the transactions in terms of
article
41 and article 58 of Decree Law No. 331/93.
In addition, we advise you that the exact total of the transactions "outside application" must be calculated with refe-
rence to the time when they were carried out, which is determined using the criteria provided in art. 6.
Code 6 – Article 30, paragraph 2, Conditions provided for by paragraph 3 of art. 17
Code 6 must be indicated by non-resident traders, who have registered themselves directly in Italy in terms of art.
35-ter or who have formally appointed a tax representative within the State, in terms of paragraph 3 of art. 17, which
agent is authorized to claim the VAT refund.
By virtue of a measure of 30 December 2005, published in Official Gazette no. 48 of 27 February 2006, the
Operational Centre of Pescara was identified as the office with jurisdiction to manage the relations with persons who
have registered themselves directly in Italy in terms of art. 35-ter.
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VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
Code 7 – Article 34, paragraph 9, exports and other non-taxable operations carried out by agricultural pro-
ducers
Code 7 must be indicated in the case of refunds requested by agricultural producers who have sold agricultural pro-
ducts listed in Table A - first part, as provided for by article 8, first paragraph, article 38-quater and article 72, in addition
to intra-community sales by them. The refund is due for the total amount corresponding to the (theoretical) VAT relative
to the non-taxable transactions carried out during 2022 or even in earlier years, if no refund has previously been clai-
med or, if it was set off in the F24 form but included as a deduction when making the annual return. The refundable
amount, like the deductible amount, must be calculated by the application of the percentages of compensation in force
during the relevant period (see Ministerial Circular no. 145/E of 10 June 1998).
Code 8 – Article 30, paragraph 3, refund of lesser deductible surplus of the three-year period
Code 8 must be indicated when the refund is due if VAT credit surpluses emerge from the returns for the last 3 years
(2020 - 2021 - 2022), even if they total less than 2,582.28 Euro. In this case, the refund is due for the smaller of the
aforementioned deductible surpluses (relative to the part not already requested as a refund or not compensated in the
F24 form). In other words a comparison will be made between the amounts of VAT calculated in deduction with refe-
rence to the two previous years:
– for the year 2020, the amount is the one resulting from the difference between the input VAT deducted or set off,
indicated in line VX5 and the amounts reflected in line VL9 of the VAT/2022 return relative to the 2021 year, only for
that portion relating to the set-offs carried out in the F24 form with taxes different to VAT.
– for the year 2021, the amount is the one resulting from the difference between the input VAT deducted or setoff, indi-
cated in line VX5 and the amounts to be reflected in line VL9 of the VAT/2023 return relative to the 2022 year, only
for that portion relating to the set-offs carried out in the F24 form with taxes other than VAT.
Code 9 – Coexistence of several cases
Code 9 must be indicated in cases in which the taxpayer satisfies the requirements for the previous code and for
refund of the lesser deductible surplus of the three-year period and has also made purchases of depreciable goods
or of goods and services for studies and research, on condition that the tax amount relating to these purchases is
not already included in the lesser credit surplus requested as a refund.
Code 10 –Refund of lesser credit surplus not transferable to VAT group liquidation procedure
Code 10 must be used to request the refund, in accordance with article 30, third paragraph (lesser deductible sur-
plus of the three-year period). Specifically, requests for refunds may be presented by taxpayers who opted for group
VAT payment in 2021 and who were not able to transfer the credit emerging from the VAT return form for 2020 to the
group, and taxpayers who in 2020 were taking part in a group VAT payment procedure as controlling companies and
who in 2021, having opted for a group VAT payment procedure as subsidiary companies, were not able to transfer
the credit emerging from the summary prospectus VAT 26PR for 2020 to the group (see resolution no. 4/DPF of 2008
and resolution no. 56/E of 2011).
To this end, the following must be taken into account:
– for the year 2020, the amount resulting from the difference between the input VAT deducted or set off indicated in
line VX5 of the VAT/2021 return and the amount indicated in line VL9 of the VAT/2022 return for 2020. For former
controlling companies in a VAT group, the amount resulting from the difference between the VAT input tax indicated
in line VY5 of summary form VAT 26PR/2021 and the amount indicated in line VL9 of the VAT/2022 return for 2021;
– for the year 2021, the amount resulting from the difference between the input VAT deducted or set off indicated in
line VX5 of the VAT/2022 return for 2021 and the amount indicated in line VL9 of the VAT/2023 return for 2022;
– for the year 2022, the amount indicated in line VX2, field 1, VAT/2023 return relating to 2022.
It is pointed out that subjects participating in group VAT payments in years prior to 2021 must take into account the
following:
– for the year 2020, the amount resulting from the difference between the input VAT deducted or set off indicated in
line VX5 of the VAT/2021 return for 2020 and the amount indicated in line VL9 of the VAT/2022 return for 2021;
– for the year 2021, the amount resulting from the difference between the input VAT deducted or set off indicated in
line VX5 of the VAT/2022 return for 2021 and the amount indicated in line VL9 of the VAT/2023 return for 2022;
– for the year 2022, the amount indicated in line VX2, field 1, VAT/2023 return relating to 2022.
Code 11 – Article 1, paragraph 63, law no. 190 del 2014, flat-rate scheme for natural persons carrying out
business activity, arts or professions
Code 11 must be indicated by subjects that starting from the 2023 tax year rely on the flat-rate scheme governed by
article 1, paragraphs from 54 through 89, of law no. 190 of 23 December 2014, and request the refund of the credit
emerging from the declaration for the final year in which the tax is applied in the ordinary ways.
Code 13 – Art. 70-sexies
Code 13 must be indicated by the passive subjects who, starting from 1 January 2023, take part in a VAT Group
under art. 70-bis and following amendments and want to request the reimbursement of the deductible surplus portion
from this return, for the share that has not to be transferred to the Group. The amount of this surplus cannot exceed
the difference between the amount written in field 1 and the amount indicated in field 2 of line VX2.
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VAT RETURN FORMS FOR THE YEAR 2022
Field 4 is reserved for taxpayers entitled to priority reimbursement of the refund, i.e. taxpayers who are included in
the categories provided for decrees issued by the Ministry of the Economy and Finance, in accordance with the
second last paragraph of article 38-bis, who are entitled to priority reimbursement of the refund. The box must be
completed by indicating the following codes:
“1” reserved for subjects that provide services which fall within the scope of application of letter a) of the sixth para-
graph of article 17;
“2” reserved for subjects that carry out activities identified by the code ATECOFIN 2004 37.10.1, i.e. subjects that
provide services of salvage and preparation for recycling of waste and scrap metals;
“3” reserved for subjects that carry out activities identified by the code ATECOFIN 2004 27.43.0, i.e. subjects that
produce zinc, lead and tin, in addition to semi-finished products manufactured from said non-iron-based metals;
“4” reserved for subjects that carry out activities identified by the code ATECOFIN 2004 27.42.0, i.e. subjects that
produce aluminium and semi-processed products.
“5” reserved for subjects that carry out activities identified by the code ATECO 2007 30.30.09, i.e. subjects that
produce aircraft, spacecraft and relevant devices.
“6” reserved for subjects that have performed operations with regard to public administrations pursuant to article
17-ter paragraph 1 and of other subjects indicated in paragraph 1-bis of the above mentioned aricle. The priority
payment of the refund is made for an amount not exceeding the total amount of the tax applied to the aforemen-
tioned operations. This amount must be indicated in field 5;
“7” reserved for subjects that carry out the activity identified by the code ATECO 2007 59.14.00, and that is to say
the subjects the carry out the activity of film projection.
“8” reserved for subjects that provided the following services: cleaning, demolition, installations and completion of
systems which are relative to the buildings indicated in letter a)-ter of paragraph six of art. 17.
With regard to the payment method of reimbursements, article 38-b provides:
– the amount of refunds that can be reimbursed without providing the guarantee and any obligation is raised to 30,000
Euro;
– refunds higher than 30,000 Euro can be obtained without providing the guarantee, by filing the yearly return with a
certification of conformity or the subscription of the supervisory body and the declaration in lieu of an affidavit atte-
sting the presence of specific capital requirements;
– the guarantee must be provided for refunds higher than 30,000 Euro only in case of risky situations, i.e. when the
refund is demanded:
a) by subjects carrying out a business activity from less than two years, except for start-up innovating businesses,
as provided by article 25 of Decree-Law no. 179 of 18 October 2012;
b) be subjects who were notified, in the two years before the reimbursement request, assessment or adjustment no-
tices reporting, for each year, a difference between assessed amounts and the amounts of the tax due or those of
higher reported credit:
1) 10% reported amounts if they are not higher than 150,000 Euro;
2) 5% reported amounts, if they are higher than 150,000 but not higher than 1,500,000 Euro;
3) 1% reported amounts, or 150,000 Euro if the reported amounts are higher than 1,500,000 Euro;
c) by taxable persons who file the return without the certification of conformity or the alternative signature or do not
file the declaration in lieu of an affidavit;
d) by taxable persons who ask for reimbursement of the deductible surplus resulting when the activity ceased.
For further details about the methods of reimbursement regulated by amendments to article 38-bis applied by Legi-
slative Decree no. 175 of 2014, cp. Circular no. 32 of 30 December 2014.
Field 7 is reserved to taxpayers who are not required to provide guarantee. The box shall be completed by indicating
the code:
“1” if the return has the certification of conformity or the subscription of the supervisory body and the declaration in
lieu of an affidavit attesting the presence of the conditions provided by article 38-bis, paragraph 3, letters a), b)
and c);
“2” if the reimbursement is demanded by official receivers / judicial liquidation receivers and court-appointed liqui-
dators;
“3” if the reimbursement is demanded by savings management companies, described in article 8 of the Decree-Law
no. 351 of 2001;
“4” if the reimbursement is requested by the taxpayers that adhered to the collaborative compliance regime provided
by art. 3 and following the legislative decree no. 128 of 5 August 2015.
It is stressed that the field must not be compiled by the subjects that have taken part in paying the group VAT. The pre-
sence of the conditions for exemption from the provision of the guarantee referred to in points 1), 4) and 5) is signalled
by the parent company in prospectus IVA 26/PR through the compilation of part VS, field 8.
The field must also not be completed by taxpayers who have applied the ISAs and, on the basis of the relative results,
are exempted from affixing the endorsement of conformity or from the provision of the guarantee for repayments for
an amount not exceeding 50,000 euro per year, pursuant to art. 9-bis, paragraph 11, lett. b), of the decree-law no. 50
of 2017. This situation must be reported by ticking the "Exemption from the endorsement of conformity" box in the
"Signature of the declaration" box on the title page.
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VAT RETURN FORMS FOR THE YEAR 2022
Assessment of companies and operational bodies
Article 30, paragraph 4, of Law no. 724 of 23 December 1994 provides that the companies and bodies considered as
non-operative have not right to request the reimbursement of the credit resulting from the VAT yearly return. Therefore,
the bodies and company who are willing to ask for reimbursement shall issue a declaration in lieu of an affidavit, in
accordance with article 47 of Presidential Decree no. 445 of 2000, attesting the lack of the requirements describing
non-operative companies and bodies (Circular no. 146 of 10 June 1998).
As described by Circular no. 32 of 30 December 2014, the declaration in lieu of an affidavit is issued by signing the
hereby box. It is pointed out that the declaration of an affidavit, duly signed by the taxpayer, and the copy of his/her
identity document are received and stored by the subject who files the return and shall be showed if demanded by the
Revenue Agency. Alternatively to the supplementary statement, companies have the right to request clarification for
the purposes of the discontinuation of the guidelines of the non operative company as provided by paragraph 4-b of
the cited article 30 (circular no.9 /E of 1 April 2016). In this case, it is necessary to check the “Clarification” box, wi-
thout appending the signature in field 8.
Assessment of capital conditions and payment of contributions
Article 38-bis, paragraph 3, provides the possibility to get refunds higher than 30,000 Euro without providing the gua-
rantee, by filing the yearly return with a certification of conformity or the subscription of the supervisory body and a de-
claration in lieu of an affidavit, in accordance with article 47 of Presidential Decree no. 445 of 2000, attesting the pre-
sence of specific capital requirements. In particular, it is necessary to attest that:
a) net equity did not decrease, compared with the accounting records of the most recent tax period, more than 40%;
the properties accounted did not decrease, compared with the accounting records of the most recent tax period,
more than 40% for transactions performed during the ordinary activity; the activity itself did not cease or decrease
as a result of sales of businesses or business branches included in the above mentioned accounting records;
b) stocks or share of the company were not sold, if the request for reimbursement is filed by capital companies not
listed in regulated markets, in the year before the request, for an amount higher than 50% of the share capital;
c) social security and insurance contributions were paid.
As described by Circular no. 32 of 30 December 2014, the declaration in lieu of an affidavit is issued by signing the hereby
box. It is pointed out that the declaration of an affidavit, duly signed by the taxpayer, and the copy of his/her identity document
are received and stored by the subject who files the return and shall be showed if demanded by the Revenue Agency.
Line VX5 indicate the amount intended to be deducted in the following year and which is intended to be set off in the
form F24. Pursuant to article 17, paragraph 1, of the Legislative Decree no. 241 of 1997, the annual VAT credit may
be used to offset amounts of over 5,000 Euro starting from the tenth day of the month following the month of submis-
sion of the return from which the credit emerges. Furthermore, paragraph 1, let. a), no. 7 of art.10 of Decree Law no.
78 of 2009 also makes the use of the annual tax credit to offset amounts of over 5,000 euros subject to the return bea-
ring the stamp of approval of the return. It is possible to have the return signed by the body appointed to carry out the
accounting audit instead of affixing the stamp of ap-proval. The limit is raised to € 50,000 for innovative start-ups by
article 4, paragraph 11- novies, of decree law no. 3 of 2015.
For further clarifications and details concerning the provisions introduced by article 10 of Decree Law no. 78 of 2009,
see the ordinance issued by the director of the Revenue Agency on 21 December 2009 and Circular no. 57 of 23 De-
cember 2009 and no. 1 of 15 January 2010.
The credit indicated in the present line, for the part possibly deriving from line VL11, may be used in compensation to
make payments on debts accrued from the tax period following that in which the supplementary statement was pre-
sented (art. 8, paragraph 6-quater, of the Decree of the President of the Republic no. 322 of 1998).
It is pointed out that pursuant to article 30, paragraph 4, of Law no. for dummy companies and organisations, the VAT
credit emerging from the annual return cannot be used as set off in form F24 as provided for by article 17 of Legislative
Decree no. 241 of 1997. It is pointed out, furthermore, that as specified in Circular no. 25 of 4 May 2007, the last sen-
tence of paragraph 4 of article 30 of Law no. 724 of 1994, applies, entailing the permanent loss of the annual tax credit
for taxpayers to whom the following conditions concurrently apply:
•
•
a company which, in addition to the current fiscal year, was a dummy company also in 2020 and 2021;
a company which in the three years 2020- 2022 has not carried out significant operations for VAT purposes
not less than the amount derived from the application of the percentages set out in article 30, paragraph 1, of Law no.
724 of 1994. In the case of a VAT Group pursuant to art. 70-bis and following, the annual tax credit accrued by the sa-
me cannot be used in compensation, pursuant to the aforementioned art. 17 with the debts relating to other taxes and
contributions of the participants (art.4, paragraph 4, of the Ministerial Decree of 6 April 2018).
Line VX6, reserved for subjects who have opted for tax consolidation foreseen by article 117 and subsequent articles
of the TUIR (Income Tax Consolidate Act). Such subjects may transfer the credit remaining from the annual declara-
tion either totally or partially, for the payment of the IRES (Corporation Income Tax) due by the consolidating party, as
a consequence of the group VAT payment. The line must indicate in field 1 the tax code of the consolidating company
and in field 2 the amount of the credit transferred, as provided for by art. 7, paragraph 1, letter b), of the decree of 1
March 2018 (see circular no. 53 of 20 December 2004 and no. 35 of 18 July 2005). As described by Circular no. 28
of 2014, in order to use as set off credits higher than 15,000 Euro and generated by other subjects the certification of
55
VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
conformity is required or the signature by the control authority both in the transferor statement and in the statement
of the subject who uses the credit received.
Notice Lines VX7 and VX8 are reserved for companies who participate in the group VAT payments for the en-
tire year
Line VX7 oved VAT that must be transferred by the controlling and controlled companies that took part in the group
VAT payment for the entire year. The line must be completed with the amount indicated in line VL38. This line must
not be completed if the total owed VAT should be equal or inferior to EUR 10.33 (EUR 10 due to rounding effects of
the tax return).
In case of substantial subjective transformation, that requires the completion of 3 or more sections of part VL (there-
fore of one section 3 for each subject participating in the transformations) line VX7 must indicate the total VAT amount
owed that must be transferred resulting from the difference, if positive, between the sum of the debit amounts indica-
ted in lines VL38 and the sum of the credit amounts indicated in lines VL39 for each subject participating in this tran-
sformation in each VL part. Therefore one must exclusively consider the VL parts of the forms for the assignors (for
example acquired companies) that have participated in the same procedure of group VAT payments of the assignees
(for example acquiring companies) up until the date of the extraordinary operation.
Line VX8 credit VAT that must be transferred the controlling and controlled companies that took part in the group
VAT payment for the entire year. The line must indicate the excess yearly tax amount deductible indicated in line VL39
to transfer to the group.
In case of substantial subjective transformation, that requires the completion of 3 or more sections of part VL (there-
fore of one section 3 for each subject participating in the transformations) line VX8 must indicate the toal amount of
excess deductibles that must be transferred resulting from the difference, if positive, between the sum of the credit
amounts indicated in lines VL39 and the sum of the debit amounts indicated in lines VL38 for each subject participa-
ting in this transformation in each VL part. Therefore one must exclusively consider the VL parts of the forms for the
assignors ( for example acquired companies) that have participated in the same procedure of group VAT payments
of the assignees (for example acquiring companies) up until the date of the extraordinary operation
4.2.16 – PART VO - COMMUNICATION OF OPTIONS AND REVOCATIONS
As provided for by art. 2 of Presidential Decree of 10 November 1997, number 442, the options and revocations pro-
vided for with regard to VAT and direct taxes must be communicated, taking into account the concluding behaviour
assumed by the taxpayer during the tax year, using exclusively part VO of the annual VAT return.
In the case of exemption from the obligation to present the annual return, part VO must be presented attached to the
income tax return. To this end, a specific box is provided on the front cover of the form INCOME 2023 (Personal In-
come Tax Return) which, when crossed, indicates the inclusion of part VO, completed by the aforementioned persons.
It is emphasised that recourse to such means of communication of options and revocations is rendered necessary ex-
clusively in the case in which the person is not required to present the annual VAT return with reference to other acti-
vities carried out or, as already clarified by circular letter 209/E of 27 August 1998, if exemption from the obligation of
presentation of the return persists also following the optional system chosen.
The part must be completed to communicate, by crossing the corresponding box, the option or revocation of the me-
thods of tax calculation or of a tax regime different from one's own (see Appendix under the entry "Options and revo-
cations").
Part VO contains five sections:
– Section 1: options, waivers and revocations for the purposes of VAT;
– Section 2: options and revocations for the purposes of income tax;
– Section 3: options and revocations for the purposes of both VAT and income tax;
– Section 4: option and revocation for the purposes of tax on entertainment activities;
– Section 5: option and revocation for the purposes of IRAPꢀ(Regional Tax on Productive
Activities).
SECTION 1 - Options, waivers and revocations for the purposes of VAT
Adjustment of deduction for depreciable goods - Article 19 bis 2, paragraph 4
Line VO1, box 1 must be crossed by the taxpayer who, as from 2022, has opted for the adjustment of the deduction
related to the purchase of depreciable goods as well as to the supply of services relating to the transformation, refur-
bishment/repair or restructuring of the same goods, even if the variation in the percentage of deduction was not su-
perior to ten percent. This option is binding for five years (ten years if the adjustment regards real estate).
Quarterly payments - Art. 7 of Presidential Decree of 14 October 1999, number 542
Line VO2, box 1 must be crossed by artists, professionals, and by taxpayers who are owners of businesses supplying
services which achieved a business turnover not greater than 400.000 Euro or not greater than 700.000 Euro in 2021
if owners of businesses carrying out other activities and which in 2022 have carried out both settlements and periodic
56
VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
payments of VAT quarterly rather than monthly. One is reminded that in the case of simultaneous supply of services
and other activities without the distinct recording of related considerations the limit of 700.000 Euro is applicable, for
the purposes of the option.
The option, which is binding for at least one calendar year, remains valid until waived, on condition that said premises
hold true.
The quarterly payment of VAT entails that the amounts to be paid must be increased by interest of 1%.
Box 2 must be crossed to communicate the waiving of the option.
Agriculture
Line VO3
Art. 34, paragraph 6
Waiving of regime of exemption. Box 1 must be crossed by exempted agricultural producers as referred to in
paragraph 6, article 34, that is with a business turnover not exceeding 7,000 Euro, who waived, in 2022, exemption
from payment of tax and all documentary and accounting obligations, including the annual return, with the exception
of the obligation to number and preserve invoices of purchases and customs bills of entry (see Appendix under the
entry "Agriculture"). This choice is binding for the taxpayer until waived, and in any case for at least three years.
Box 2 must be crossed by taxpayers who since 2022 waived the renouncement of the exemption regime.
Art. 34, paragraph 11
Application of tax in the ordinary manner. Box 3 must be crossed by agricultural producers who have applied tax
in the ordinary manner starting from the 2021 tax period.
Said option is allowed also for exempted agricultural producers, who must at the same time also cross box 1 (wai-
ving of exemption regime), should they wish to apply tax in the ordinary manner.
The option is binding until waived, and in any case for at least three years.
Box 4 must be crossed by taxpayers who, starting from 2022, waived the option for the application of tax in the ordi-
nary manner (see Appendix under the entry "Agriculture").
Art. 34-bis
Application of tax in the ordinary manner.
Box 5 must be crossed by agricultural producers that, as of the 2022 tax period, have applied VAT in the ordinary
manner to operations of supply of services, instead of using the special regime provided for by article 34-bis (see Ap-
pendix under "Connected agricultural activities").
The option is binding until revocation and in any case for a period of at least three years.
Box 6 must be crossed by taxpayers who, starting from 2022, waived the option for the application of tax in the ordi-
nary ways.
Carrying-out of several activities - Article 36, paragraph 3
Line VO4, box 1 must be crossed by taxpayers who, as of 2022, carrying on several businesses or several activities
within the scope of the same business, communicate that they have opted, for said year, for the separate application
of tax as provided for by article 36, paragraph 3.
The choice exercised has effect until it is revoked and in any case for at least three years.
Box 2 must be crossed by taxpayers who communicate, starting from 2022, the waiving of the option.
Dispensation for exempt operations - Art. 36-bis, paragraph 3
Line VO5, box 1 must be crossed by taxpayers who communicate that they have made use of, starting from 2022, of
the exemption from the obligations of invoicing and recording exempt operations listed in art. 10, with exception made
for those exempt transactions specified in numbers 11, 18, 19, and par. 3 of the same art. 10.
It is pointed out that the option has effect until it is revoked and, in any case, for at least three years and entails the
complete non-deductibility of tax relating to purchases and imports.
Box 2 must be crossed by taxpayers who communicate, starting from 2022, the revocation of the option.
Publishing - Art. 74, paragraph 1
Line VO6, box 1 must be crossed by publishers who communicate that they have chosen, the system of VAT calcu-
lation on the basis of number of copies sold as from 2022, for each newspaper or publication, or for each issue.
This option, if applied for the entire newspaper or publication, has effect until revoked and in any case is binding for
three years.
If, on the other hand, the option is applied for a single issue, it is binding only for the issue itself and may be commu-
nicated cumulatively for the issues relating to the entire year.
Box 2 must be crossed by publishers who communicate that they have revoked the option for the calculation of VAT
on the basis of the number of copies sold with reference to each newspaper or publication starting from 2022.
For further information regarding the VAT regime for publishing, please see:
- Circular Letter 23 of 24 July 2014;
- Circular Letter 328/E of 24 December 1997;
- Circular Letter 209/E of 27 August 1998;
- Art. 1, paragraph 1, letter g), of Legislative Decree 56 of 1998;
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VAT 2023
VAT RETURN FORMS FOR THE YEAR 2022
- Art. 6, paragraph 7, letter a), of Law 133 of 1999;
- Art. 52, paragraph 75, of Law 448 of 2001.
Entertainment activities - Request for application of the ordinary regime - Art. 74, paragraph 6
Line VO7, box 1 must be crossed by those carrying on businesses pertaining to the organisation of games, enter-
tainment and other activities as indicated in the tariff attached to the Presidential Decree of 26 October 1972, number
640, as referred to in the sixth paragraph of art. 74, who communicate that they have opted, as from 2022, for the ap-
plication of the tax in the ordinary manner.
This option is binding until revoked and is subject to a minimum period of applicability of five years, starting from the
first of January of the year in which the choice is made.
Box 2 must be crossed in order to communicate the revocation of the previously exercised option (see Appendix un-
der the entry: "Entertainment and show activities").
Intra-community purchases - Art. 38, paragraph 6, Decree Law 331/1993
Line VO8, the option relates to those persons indicated in article 38, fifth paragraph, letter c) of Decree Law 331 of
1993 and, more specifically:
– taxpayers who carry out exempt operations which entail the total non-deductibility of VAT on purchases;
– agricultural producers who benefit from the special regime as referred to in art. 34;
– non-commercial, non-taxable bodies, organisations and other structures.
Box 1 must be crossed by said entities who communicate that they have opted, as from 2022, for the application of
VAT in Italy on intra-community purchases.
One is reminded that the abovementioned operation may be carried out only if the total amount of intra-community
purchases, and of the purchases referred to in art. 40, paragraph 3, of Decree-Law no. 331/1993, made in 2021, has
not exceeded 10,000 euro.
This choice has effect starting from the year during which it is exercised and is valid until revoked and, in any case,
until the expiry of the two-year period successive to the year during which it is exercised, and on condition that all re-
lated requirements remain satisfied.
Box 2 must be crossed by taxpayers who intend to communicate the revocation of the choice previously carried out.
Intra-community distance selling of goods. - Art. 41, first paragraph, letter b), Decree Law no. 331
Line VO9
Art. 36, paragraph 2
Application of the ordinary (or analytical) margin method. Box 1 must be crossed if the taxpayer has exercised
the option, starting from 2022, for the ordinary (or analytical) margin method, also for transfers of works of art, antiques
or collectors' items imported and for the resale of works of art acquired from the artist (or from his/her heirs or legate-
es). This option has effect until revoked and, in any case, until the expiry of the two-year period successive to the year
during which it is exercised.
Box 4 must be crossed by taxpayers who intend to communicate the revocation of the aforementioned option.
Article 36, paragraph 3
Application of the ordinary VAT regime. Box 2 must be crossed by taxpayers who must communicate that they have
applied the ordinary VAT regime in 2022, for one or more operations that are part of the special marginalised regime.
The application of tax in the ordinary manners as per paragraph 3 of article 36 of Decree Law no. 41/95 for certain
transfers allows for the deduction of the tax on purchases only with reference to the time in which the operation subject
to the original regime and subject to recording in the register as outlined by art. 25. In such cases, if the purchase and
the corresponding transfer were carried out in different tax periods, the amount of the purchase will have to be inclu-
ded in line VF16 field 1 in the return relative to the year in which this was recorded in so far as not deductible. In the
return relative to the tax period in which the corresponding transfer was carried out in the ordinary VAT regime, that
constitutes the pre-requisite for the deduction of the tax of the relative purchases, the amount of the passive operation
should be indicated in part VF both in correspondence with the relative rate for deduction and in correspondence with
line VF24 (taxable amount of purchases registered in previous years but with tax payable in the year in whcih the tran-
sfer occurred) in order to allow for the corresponding amount already indicated in line VF18 field 1 of the previous re-
turn to be subtracted from the volume of purchases.
Art. 36, paragraph 6
Changeover from the overall method of determining the margin to the ordinary method (or analytical method).
Box 3 must be crossed if the taxpayer has opted for the changeover from the overall method of determining the margin
to the ordinary (or analytical method) in 2022 as foreseen by the aforementioned art. 36, paragraph one.
This operation is effective until it is revoked, and at least until the end of the second year following the year during du-
ring which it was exercised.
Box 5 must be crossed by taxpayers who intend to communicate the revocation of the aforementioned option.
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VAT RETURN FORMS FOR THE YEAR 2022
Intra-community transfers on the basis of catalogues, by post and suchlike. - Art. 41, first paragraph, letter
b), Decree Law no. 331 of 1993
Line VO10, taxpayers who carry out intra-community distance sales of goods, who in the previous year have provided
services referred to in article 7-octies, paragraph 3, letter b), and intra-community distance sales of goods for a total
amount, net of value added tax, not exceeding 10,000 euros; exercise the option, starting from 2021, for the applica-
tion of VAT in the EU country of destination of the goods by ticking the corresponding box. Article 15 of the ministerial
decree of 21 June 2021, which governs the trade relations between the Italian Republic and the Republic of San Ma-
rino, provides, for the application of VAT in that State, a similar option for national operators who carry out the afore-
mentioned sales to private individuals residing in San Marino.The aforementioned options take effect from 2022 and
are valid until revoked and for at least two years.The boxes indicated in line VO11 must be crossed by taxpayers who,
starting from 2022, intend to communicate the revocation of the option previously requested.
Taxpayers whose bookkeeping is done by third parties - Art. 1, paragraph 3, Presidential Decree no. 100 of
1998
Line VO12, box 1 must be crossed by taxpayers who have entrusted their accounting to third parties and who have
exercised the option as provided for by art. 1, paragraph 3, of Presidential Decree no. 100 of 23 March 1998.
This option may be exercised exclusively by taxpayers who make monthly periodic payments and who may refer, for
the purposes of the calculation of the difference in tax payable compared with the previous month, to tax which beca-
me payable in the second preceding month (see circular letter 29 of 10 June 1991).
For the specific methods of calculation for the purpose of periodic VAT payments and regarding the completion of part
VH in such cases, please see the entry in the Appendix "Taxpayers whose bookkeeping is done by third parties".
It is pointed out that the option in question lasts at least one year and remains valid until revoked.
Box 2 must be crossed by taxpayers who intend to communicate the revocation of the option previously exercised.
Application of VAT to sales of investment gold - Article 10, number 11
Line VO13, the current line is reserved for persons who produce or who sell investment gold or transform gold into
investment gold and who communicate that they have opted for the application of VAT on the transfers of investment
gold in lieu of exemption. Persons who produce, transform or sell investment gold may exercise the option relative to
individual operations, obviously without the three-year constraint, by crossing box 1 of the current line. The same per-
sons may opt, for all operations relating to the sale of investment gold, by crossing box 2. The latter option is binding
on the taxpayer for at least three years and is valid until revoked, as provided for by article 3 of Presidential Decree
number 442 of 10 November 1997.
Box 3 must be crossed by taxpayers who intend to communicate the revocation of the option as per box 2.
If the transferor has opted for the application of the tax, a similar option relative to the individual operation may be ma-
de by the intermediary, by crossing box 4 (see Appendix under the entry "Operations relative to gold and to silver").
Application of the ordinary VAT regime for travelling shows and minor taxpayers - Art. 74-quater, paragraph
5 Line VO14, box 1 must be crossed by persons who put on travelling shows as well as those who carry out other
activities relating to shows as indicated in table C enclosed to Presidential Decree 633 of 1972 which have achieved
a business turnover during the previous year of no more than 25,822.84 Euro who communicate that they have opted,
from 2022, for the application of tax in the ordinary manner.
This option is binding until revoked and is subject to a minimum period of five years, starting from 1 January of the
year in which the choice is exercised.
One is reminded that the concessional regime ceases to be applicable with effect from the calendar year following the
one in which the limit of 25,822.84 Euro is exceeded (see Appendix under the entry: "Entertainment and show activi-
ties").
Box 2 must be crossed to communicate that the option is revoked.
VAT cash accounting scheme – Article 32-bis, Decree Law no. 83 of 2012
Line VO15, box 1 must be crossed by taxpayers who have communicated that they have opted, as of 1 January 2022,
for the VAT cash accounting scheme as provided for by article 32-bis of Decree Law no. 83 of 22 June 2012.
This option is binding until revocation and in any case for a period of at least three years.
Box 2 must be checked to communicate revocation of the option.
Provision of electronic services - Art. 7-octies
Line VO16, the option concerns the subjects who perform the services indicated in art. 7-octies towards non-taxable
clients established in EU member states other than Italy.Those who have carried out in the previous year an overall
amount of the aforementioned services and intra-community distance sales of goods referred to in Article 38-bis, pa-
ragraphs 1 and 3, of Decree-Law no. 331 of 1993, not exceeding 10,000 euros and exercising the option starting from
2022, for the application of VATin the client's country of residence, by ticking the corresponding box.The option takes
effect from the year in which it is exercised and is valid until revoked and for at least two years.The boxes indicated
in line VO17 must be crossed by taxpayers who, starting from 2022, intend to communicate the revocation of the op-
tion previously requested.
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SECTION 2 - Options and revocations for the purposes of income tax
Ordinary accounting system for minor businesses - Art. 18, paragraph 6, Presidential Decree no. 600 of 1973
Line VO20, box 1 must be crossed by unlimited partnerships, limited partnerships, shipping companies, de facto com-
panies that carry out commercial activities, individuals who carry on commercial businesses, and non-commercial en-
tities in relation to any commercial activities carried out, who, having achieved revenue in 2020 of not more than
400,000 euros for enterprises providing services or 700,000 euros for enterprises carrying on other activities, have
chosen the ordinary accounting system for 2021.
The option is binding for at least a three-year period, after which, it is renewed tacitly for each following year and re-
mains valid until revoked (see paragraph 6.6 of Circular no. 11/E dated 13 April 2017).
Box 2 must be crossed by the abovementioned minor businesses which intend to communicate the revocation of the
option exercised.
Ordinary accounting system for artists and professionals - Art. 3, paragraph 2, Presidential Decree no. 695 of
1996
Line VO21, box 1 must be crossed by artists or professionals (article 53 of TUIR (Income Tax Consolidate Act)) who
have chosen the ordinary accounting system for 2022.
The option, being an accounting system, lasts a minimum of one year and remains valid until revoked.
Box 2 must be crossed by taxpayers who intend to communicate the revocation of the option.
Determination of income in ordinary manners for other agricultural activities - Art. 56 bis, paragraph 5 of the
TUIR (Income Tax Consolidate Act)
Line VO22, box 1 must be crossed by taxpayers who availed of the right to determine their income in the ordinary
manners in relation to other agricultural activities. The option is binding until revocation and for at least three years.
Box 2 must be crossed by taxpayers who intend to communicate the revocation of the option.
Calculation of income from farming for agricultural enterprises – Article 1, paragraph 1093, Law no. 296 of 27
December 2006
Line VO23, box 1 must be crossed by partnerships, by limited-liability companies and by cooperatives which qualify
as agricultural enterprises as provided for by article 2 of Legislative Decree no. 99 of 29 March 2004 and which intend
to communicate the option to calculate income pursuant to article 32 of the TUIR (Consolidated Income Tax Act). The
choice is binding for three years and remains valid until revoked.
Box 2 must be crossed by taxpayers who wish to communicate the revocation of the option.
Calculation of income for companies comprised by farmers – Article 1, paragraph 1094, Law no. 296 of 27 De-
cember 2006
Line VO24, box 1 must be crossed by partnerships and by limited-liability companies comprised by farmers who wish
to communicate the option for calculating income by applying the profitability coefficient of 25% to receipts. The choice
is binding for three years and remains valid until revoked.
Box 2 must be crossed by taxpayers who wish to communicate the revocation of the option.
Calculation of income in the ordinary manner for connected agricultural activities – Article 1, paragraph 423,
Law no. 266 of 23 December 2005
Line VO25, box 1 must be ticked by taxpayers who have taken advantage of the right to determine the income with
ordinary methods in relation to the business of production and sale of electric and heat energy from renewable agro-
forestry and photovoltaic sources, beyond the limits of the first period cited by paragraph 423.
The choice is binding for three years and remains valid until revoked.
Box 2 must be crossed by taxpayers who wish to communicate the revocation of the option.
VAT Record keeping for minor businesses – art. 18, paragraph 5, Presidential Decree no. 600 of 1973
Line VO26 Box 1 must be tricked from smaller companies who kept VAT registers without using annotations relative
to collection and payments respecting the obligation to separately track the operations which are not subject to regi-
stration for the above mentioned tax. In this case, to simplify, the date of registration must coincide with the date when
the collection or payment took place.
The option is binding for a three-year period and it is valid until revoked.
Box 2 must be crossed by taxpayers who wish to communicate the revocation of the option.
SECTION 3 - Options and revocations for the purposes of both VAT and income tax
Application of the dispositions provided for by Law no. 398 of 1991
Line VO30, box 1 must be crossed by all subjects who intend to communicate the option chosen, starting from 2022,
of the flat-rate calculation of VAT and as provided for by art. 2, paragraphs 3 and 5, of said Law no. 398.
The option is binding until revoked and in any case for at least five years.
The subjects who can opt for such are companies, including co-operatives and amateur sports associations as per
art. 90, paragraphs from 17 to 18-ter, of Law no. 289 of 2002; non-profit associations and pro-loco associations to
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whom the tax regime as per Law 398 of 1991 has been extended by art. 9-bis of Law no. 66 of 1992; non-profit bands
and amateur choirs, drama associations, music and popular dance associations that are legally recognised to which
art. 2, paragraph 31 of Law no. 350 of 2003 has applied Law no. 398. Box 2 must be crossed to communicate the re-
vocation of the option (see Appendix under the entry "Entertainment and show activities").
Trade unions and labour associations operating in agriculture - Article 78, paragraph 8, Law no. 413 of 1991
Line VO31, box 1 must be crossed exclusively by trade unions and labour associations operating in the field of agri-
culture, which communicate that they have applied, during 2022, the calculation of VAT and income in the ordinary
manners as provided for by article 78, paragraph 8 of Law no. 413 of 30 December 1991, as amended by art. 62, pa-
ragraph 1, letter a) of Decree Law no. 331 of 1993.
For the associations mentioned, relative to the activity of tax assistance provided for their members, the abovemen-
tioned eighth paragraph of article 78 has laid down, in particular, that VAT must be calculated on a flat-rate basis, re-
ducing the tax relative to taxable operations by a third of its amount by way of a flat-rate deduction of VAT regarding
purchases and imports.
The abovementioned associations may, however, calculate VAT and income in the ordinary way and in such a case must
cross box 1 to communicate such a choice. The option has effect until revoked and, in any case, for at least three years.
Box 2 must be crossed by the abovementioned associations who intend to communicate the revocation of the option.
Farm holiday sector - Art. 5, Law no. 413 of 1991
Line VO32, box 1 must be crossed by those carrying out activities in the farm holiday sector, as referred to in Law
no. 96 of 20 February 2006, who have opted, starting from 2022, for the deduction of VAT and income in the ordinary
manners and thus communicate that they have not made use of the flat-rate calculation of the tax as provided for by
art. 5 of Law no. 413 of 30 December 1991. The option is binding for three years and is valid until revoked.
Box 2 must be crossed to communicate that the option is revoked.
Flat-rate scheme for natural persons carrying out business activity, arts and professions as provided for by
article 1, paragraphs from 54 through 89, of law no. 190 of 23 December 2014
Line VO33, box 1 must be checked by the taxpayers that, possessing the requirements for application of the scheme
provided for by article 1, paragraphs form 54 through 89, of law no. 190 of 2014, opted, in 2022, for determination of
VAT and of income in the ordinary ways. The option is mandatory for three years and it is valid until withdrawal.
Box 2 must be ticked to communicate the withdrawal of the option.
Tax advantages for young entrepreneurs and redundancy workers as provided for by article 27, paragraphs
1 and 2, of decree law no. 98 of 2011
Line VO34, box 1 must be ticked by taxpayers having applied the favourable fiscal regime under article 27, para-
graphs 1 and 2 of the legislative decree no. 98 of 2011, having opted, in 2022, for the calculation of the VAT and in-
come with ordinary methods. Box 2 must be ticked by taxpayers who, having opted for, in 2014, in meeting the access
requirements to the favourable fiscal regime under art. 27, paragraphs 1 and 2 of legislative decree no. 98 of 2011,
for the ordinary VAT and income determination regime, withdraw the option made and access, from 2022, the flat tax
regime under article 1, paragraphs from 54 to 89, of law no. 190 of 2014 (circular no. 10/E of 4 April 2016, par. 3.1.1).
Box 3 must be crossed by taxpayers that have chosen, under art. 10, paragraph 12-undecies of the Law Decree no.
192 of 2014, during 2015 for the implementation of the tax advantages under art. 27, paragraphs 1 and 2, of the Law
Decree no. 98 of 2011, withdraw the choice made and enter, from 2022, the flat-rate tax regime under art. 1, para-
graphs from 54 to 89, of law no. 190 of 2014.
Wine tourism activity - Art. 1, paragraphs 502 to 505, law no. 205 of 2017
Line VO35, box 1 must be crossed by the subjects exercising wine tourism activity pursuant to art. 1, paragraphs 502
to 505, of the law no. 205 of 27 December 2017, who opted for the deduction of VAT and for the determination of in-
come in the ordinary ways and communicate, therefore, that they have not made use of the flat-rate determination of
the tax provided for by art. 5, of the law 30 December 1991, n. 413. The option is binding for a three-year period and
is valid until revoked.
Box 2 must be crossed to notify the revocation of the option.
Oil tourism activity - Art. 1, paragraphs 513 and 514 of Italian Law no. 160 of 2019
Line VO36, box 1 must be crossed by those carrying out an oil tourism activity, as referred to in Art. 1, paragraphs
513 and 514 of Italian Law no. 160 of 27 December 2019, who have opted for VAT deduction and income determina-
tion in the ordinary ways and therefore they communicate that they have not made use of the flat-rate determination
of the tax provided for by Art. 5 of Italian Law no. 413 of 30 December 1991. This option is binding for three years and
is valid until revoked.
SECTION 4 - Option regarding tax on entertainments
Application of tax on entertainment in the ordinary manner - Article 4 of Presidential Decree no. 544 of 1999
Line VO40, Box 1, must be crossed by persons who communicate that they have, from 2022, calculated the taxable
base in the ordinary manner.
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Box 2 must be crossed by taxpayers who intend to communicate the revocation of the option previously used.
SECTION 5 - Option regarding IRAP (Regional Tax on Productive Activities)
Calculation of the taxable base for IRAP (Regional Tax on Productive Activities) by public entities who also
carry out commercial activities (art. 10-bis, paragraph 2, Legislative Decree no. 446 of 15 December 1997)
Line VO50, Box 1 must be crossed by public entities as referred to in article 3, paragraph 1, letter e-bis), of Legislative
Decree no. 446 of 15 December 1997, who have opted for, as provided for by art. 10-bis, paragraph 2, of the afore-
mentioned Legislative Decree no. 446 of 1997 the calculation of the taxable base for the purposes of IRAP (Regional
Tax on productive activities) using the criteria laid down in article 5 of the same Legislative Decree (cp. circular letter
148/E of 26.07.2000 and circular letter 234/E of 20.12.2000).
Box 2 must be crossed by taxpayers who intend to communicate the revocation of the option previously used.
4.2.17 PART VG - ADHERENCE TO THE PLANNED REGIME FOR CONTROLLING AND CONTROLLED
COMMERCIAL COMPANIES
The framework is reserved to corporations or parent companies that intend to make use, starting 2023, of the parti-
cular VAT tax compensation procedure envisaged by ministerial decree of 13 December 1979, as amended in the Mi-
nistirial Decree dated 13 February 2017, laying down the implemen-tation regulations of the provisions under art. 73,
last paragraph (as substituted by paragraph 27 of art. 1 of the law no. 232 of 11 December 2016), relative to one or
more commercial companies considered "controlled" within the mea-ning of the rule in question.
The corporation or parent company communicates the exercising of the option for the aforementioned procedure to
the Revenue Agency by competing the present part of the declaration for the purposes of the VAT presented in the
calendar year for which it intends to exercise the option. The option is valid until it is revoked. This may be exercised
following modalities and terms described in the communication for the option. For group VAT payments procedures
which are already undergoing, this part will be completed exclusively to communicate the suspension, or the interrup-
tion or new participation of one or more parent companies, with effect 1 January 2023.
Each variation of the data relative to the parent company that intervened within the course of the year must be com-
municated to the Revenue Agency with thirty days with the VAT26 form.
The part is made up of:
- section I for the indication of data relating to the commercial companies that participate in VAT compensation,
- section II for the indication of data relating to the companies that participate in the control chain, but not in VAT com-
pensation.
- section III for the suspension of the previously exercised option.
SECTION 1 - Companies participating in VAT compensation
Section I reports the data relative to the companies that participate in the VAT compensation procedure. This section
is also used to communicate the interruption or the commencement of the procedure of one or more parent company,
starting 1 January 2023, when the procedure is already taking place (in this case section 2 must indicate the data, not
communicated with the option, of the companies participating in the control chain but not in the VAT compensation).
Line VG1 indicates the data of any company that holds the majority of shares or securities of the controlling corpora-
tion or company, and that has renounced the use of group payment. Specifically, field 1 must indicate the data begin-
ning from which, and without interruption, the ownership began. In fields 2, and 3 respectively, the VAT number, and
the percentage of ownership of the subject in control must be indicated.
Corresponding with lines VG2 to VG4, the data of the subsidiary companies is indicated.
Specifically:
- field 1 must indicate the data beginning from which, and without interruption, the ownership began. This field must
not be completed if the field 4 box (interruption) is ticked.
- In fields 2, the VAT number of the subsidiary company.
- In fields 5 and 6 the VAT number, and the percentage of ownership of the subject holding the majority of stocks or
securities. This data should be found in the accounting documentation of the compa-ny.
Field 4 box (interruption) is ticked.
The boxes in field 3 and 4 are respectively ticked in case of entrance or interruption to the procedure from the parent
company indicated infield 2, from 1 January 2023. In this case, the companies interrupting or entering the procedure
must be indicated in this section.
In case the non-residing subject who holds the majority of the shares or quotas does not have a VAT in the territory
of the State, the box of field 7 must be crossed and field 5 should not be filled.
If the number of companies is higher than 3, they may use numerous modules numbered in succession.
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SECTION II - Companies participating in the control chain, but not in VAT compensation
Section II reports data relative to the subjects who participate in the control chain, thus giving reason for the group
payment for the companies that follow the chain, through the possession, at least from 1 July of the prior calendar
year to that of the exercise of the option, of stocks and securities in the quantity required by the regulation, but with
respect to which the provisions in question are not used. Data concerning the non-residing subjects who, although be-
longing to the control chain, have no VAT in the territory of the State, must not be indicated.
In the assumption of indirect control of numerous level, the data regarding the subjects that have renounced (initial
links) should be indicated with priority, and in order of each control chain, and successively, in the sequence of the sa-
me chain, the data of the companies that, although having the requirements, do not participate in the group settlement
(intermediate links). It is not necessary to report data of the companies that do not participate in the compensation,
and are connected as the final links in the control chain.
For example, the control chain of type A-B-C-[D]-E-[F]-[G]-H, if C is the company head-declarer and D,F,G the com-
panies chosen for group payment. In section I, line VG1, the data regarding company B and, in progressive order,
the data of companies D, F and G , must be indicated. In section II the data relating to companiesAand B (renouncers)
and E (intermediate ring) must be reported.
In lines VG5 and VG7, in fields 2,1, 3 and 4 information on owner’s personal data and in particular in field 1 the date
from which, and without interruption, the ownership began, in field 3 the VAT tax number, and in field 4 the percen-
tage of ownership of the subject holding the majority of stocks and securities must be indicated. In case the non-resi-
ding subject who holds control has no VAT in the territory of the Sate, the box of field 6 must be crossed and field 3
must not be filled.
By taking the above example, subject B is non-resident and has no VAT in the territory of the State. In Section I the
data of company A must be indicated in line VG1 and, progressively, data of the companies D, F and G. In Section II,
data concerning the companies A (withdrawing company) and E (middle ring) must be indicated, without indicating the
data concerning company B. In case A is the non-residing company and it has no VAT in the territory of the State, in
section I, line VG1, data of the company B must be indicated and, progressively, data of the companies D, F and G:
in section II, data concerning the companies B (withdrawing company) and E (middle ring) must be indicated, while
fields 1, 4 and 6 must be filled (to report that B is controlled by non-residing A).
Box 5 must be checked by the subject that precedes the controller in the control chain, and that renounces the use
of the group VAT governance. If the number of companies is higher than 3, they may use numerous, successively
numbered modules.
If the number of companies is higher than 3, they may use numerous, successively numbered modules.
SECTION III - Revocation
The box of line VG8 must be crossed to communicate the exercise of the revocation of the VAT compensation proce-
dure envisaged by the ministerial decree of 13 December 1979, with effect from 1 January 2023. In this case, they
should not be completed the previous sections. It should be noted that the compilation of several modules due to the