Right to VAT refund if amendment note could not be issued within the year

• The Italian Revenue Agency has recognized the possibility of accessing the refund of erroneously applied VAT when it is impossible to issue a reduction note and this is not due to the taxpayer’s negligence.
• In a specific case, VAT was prudently applied to fuel depot sales, but the Revenue Agency later recognized the possibility of using the suspension regime according to the law.
• The incorrect application of the reverse charge mechanism for the purchase of products for the depot is subject to the DLgs. 471/97, which requires the removal of both the debt computed by the taxpayer and the deduction made in the previous settlements.
• The taxpayer can correct the error through accounting annotations or use the variation note or the “anomalous” refund institute if the right to deduct VAT has not been exercised.
• Access to the refund is granted if the non-issuance of the variation note is not due to the taxpayer’s negligence but to reasons beyond their control.

Source: eutekne.info

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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