It is not possible to apply the VAT exemption regime envisaged for intermediation in the case of complex consultancy activities, in line with the corporate purpose of the company, in the context of which any intermediation activity is a “of which “and as such does not affect the qualification of the entire performance. This was highlighted by the Inland Revenue with the replies to ruling no. 360, n. 361 and n. 362 of 4 July 2022.
In the document 361, it is reiterated that the exemption pursuant to art 10 paragraph 1 n. 9 of Presidential Decree 633/72, relating to mandate, mediation and brokerage services, has an ” objective ” nature. These services “consist in doing what is necessary for two parties to conclude a contract, without the negotiator having a personal interest in the content of the contract’. If, on the other hand, the impartiality of the agent is lacking , the mediation activity cannot be said to exist and the service will consequently be classified as an “obligation to do, not to do and to allow”, subject to VAT at the ordinary rate (cf replies to question nos. 437/2020 and 361/2022 )
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