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VAT Treatment of “Franco Valuta” Exports: Clarifications and Implications

  • Exports “franco valuta” are commercial transactions where an Italian company transfers goods outside the European Union without immediate ownership transfer and payment.
  • Goods remain the Italian seller’s property until sold to foreign customers.
  • The Italian Revenue Agency clarified that “franco valuta” exports are not considered exports under Article 8 of Decree Law 633/1972.
  • For an export to be considered non-taxable for VAT purposes and contribute to the VAT ceiling, two conditions must be met: goods must be transported outside the European Union and there must be a transfer of ownership or a binding contractual commitment for sale to the foreign customer.
  • “Franco valuta” exports do not qualify for VAT exemption and do not contribute to the ceiling if these conditions are not met.
  • An exception occurs when a contractual commitment to sell the goods is foreseen from the beginning, as in the case of consignment stock.
  • In this scenario, the goods are intended solely for transfer of ownership to the foreign customer, allowing the transaction to be classified as a non-taxable export for VAT purposes.
  • Properly defining contractual clauses is crucial for optimizing VAT management and determining the ceiling.
  • Including a binding commitment to sell from the beginning allows for VAT exemption and improved company tax management.

Source: ayming.it

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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