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Exclusion of VAT for compensation payments in case of work suspension: A clarification.

  • The Italian Revenue Agency clarified that sums paid by the contracting station to the contracting company as compensation for damages suffered due to the suspension of works are exempt from VAT
  • In a specific case, the contractor was carrying out renovation works on a hospital structure under a contract, but due to unforeseen circumstances, the works were suspended
  • A private settlement agreement was reached between the parties, where the contracting station would pay the company a sum as compensation for damages
  • The Revenue Agency stated that the sum should be excluded from VAT as it was of a compensatory nature and not for services or goods
  • Penalties for delays or irregularities in fulfilling obligations do not contribute to the VAT taxable base
  • Although the relevant article of the DPR 207/2010 has been repealed, its content is reflected in the DLgs. 36/2023 (Public Contracts Code)

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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