Legislative Decree no. 87/2024, (the “Decree”), published on 28 June 2024 in the Official Gazette, introduces important changes to the Italian tax penalty system. The Decree entered into force on the day after its publication in the Official Gazette but will apply to violations committed from 1 September 2024.
According to article 2(1)(e) of the Decree, Italian VAT persons “who make zero-rated supply of goods under article 41 of Decree Law no. 331/1993 (intra-EU supplies) will be subject to an administrative penalty of 50 percent ofthe VAT ifthe goods are transported to another Member State by the buyer, or by third parties on its behalf, and the goods do not arrive in that Member State within 90 days of their delivery in Italy to the buyer. The penalty will not apply if, within 30 days of the initial 90-day deadline, the invoice is corrected, and the VAT is remitted to the Treasury.
Therefore, to avoid the penalty, Italian VAT persons should, within 30 days of the expiry of the 90-day deadline – if no evidence has been obtained that the
goods have arrived in the Member State of destination — charge Italian VAT to the buyer and remit that VAT to the Treasury.
Source KPMG
