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VAT Credit Notes in the Case of Settlement Agreements: When Issuance Beyond the Annual Deadline is Possible

The one-year time limit applies to voluntary VAT adjustment notes that result from a “simple agreement” of “mutual dissent” between the contracting parties, not from events terminating the original contract. However, this time limit can be extended in case of a settlement agreement resolving a documented dispute regarding contractual obligations. The principles of effectiveness, neutrality, and proportionality of the tax mandate corrections even beyond the annual limit. The interpretation distinguishes between post-agreement agreements that are akin to contractual issues and those subject to the one-year limit. It emphasizes that the restriction should not apply indiscriminately, especially to extrajudicial settlements resolving disputes arising after the one-year period concerning contractual obligations. The electronic transmission of VAT adjustment notes is a significant control measure against potential abuses, complementing the required documentary evidence.

Source: ipsoa.it

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