Italy

Turnover threshold

35,000 EUR

Standard VAT rate

22%

Measurement period

rolling 12 month period

Italian VAT for digital service providers

In case of digital services, telecom services or broadcasting services supplied in a B2B context, the place of supply is the place where the recipient is established. No Italian VAT should be charged, and reverse charge applies unless supplier and customer are established in Italy. In case of digital services, telecom services or broadcasting services supplied in a B2C context we refer to the section on the Mini One-Stop Shop below for more information.

Mini One-Stop Shop

The optional simplification measure called the “Mini One-Stop Shop” (MOSS) with respect to digital services, telecommunication services and broadcasting services supplied in a B2C context. The supply of these services is generally considered as taking place in the Member State of the customer, not the Member State of the supplier.The MOSS scheme allows all taxable persons supplying digital services, telecommunication services or broadcasting services to nontaxable persons in EU Member States in which they do not have an establishment, to account for the VAT due on those supplies via a web portal in the Member State in which they are identified. The MOSS allows qualifying taxable persons to avoid registering in each Member State of consumption. The MOSS simplification is available both for taxable persons established in the EU and outside the EU. The MOSS generally mirrored the scheme that was in place for non-EU established suppliers of electronically supplied digital services, telecommunication services or broadcasting services supplied to final consumers. Persons already registered under the pre-existing scheme for electronically supplied digital services, telecommunication services or broadcasting services, should retain their existing individual VAT identification numbers for the purposes of the MOSS.

VAT rates

“Taxable supplies” are supplies of goods and services that are liable to VAT at the following rates:

  • Standard rate: 22%
  • Reduced rates: 4%, 5% and 10%

The standard rate of VAT applies to all supplies of goods or services unless a specific provision allows a reduced rate or exemption.

The 2019 Budget Law foresees the following increases of VAT rates, precisely:

  • 10% reduced VAT rate:
  • +3.0% (13%) as from 1 January 2020
  • 22% standard VAT rate:
  • +3.2% (25.2%) as from 1 January 2020
  • +1.3% (26.5%) as from 1 January 2021

Late – registration penalties

Late registration for VAT may result in the imposition of various penalties, depending on the errors committed. Penalties include the following:

  • Failure to inform the Italian VAT authorities regarding the beginning of activities: a penalty ranging from EUR500 to EUR2,000.
  • Failure to issue and record invoices for taxable transactions: a penalty ranging from 90% to 180% of the VAT not invoiced or posted.
  • Failure to issue and record invoices for exempt and exempt-with-credit transactions or certain transactions not subject to VAT: a penalty ranging from 5% to 10% of the amount not invoiced or posted. However, if the violation is not relevant for the assessment of the income, a penalty ranging from EUR250 to EUR2,000 applies.
  • Failure to make payments of VAT: a penalty of 30% of the payment not made, plus interest on the late payment.
  • Failure to maintain VAT records: a penalty ranging from EUR1,000 to EUR8,000.
  • Failure to file the annual VAT return: a penalty ranging from 120% to 240% of the VAT due, a minimum amount of EUR250, applies. However, if the VAT return is filed within the legal term foreseen for the submission of the VAT return relevant for the following year and, in any case, before any audit is started, the penalty is reduced to half (i.e., ranging from 60% to 120% of VAT due), with a minimum amount of EUR200.