In general holders of a VAT number, who are obliged to submit the annual VAT declaration must submit the annual communication of VAT data (even if they did not carry out any taxable transactions during the year or they are not required to make the periodic payments) with the undermentioned exceptions.
The following parties are not obliged to submit the communication of VAT data:
• Taxpayers who are exempt from having to submit the annual VAT declaration for the
year to which the communication refers, namely:
– Taxpayers, who for the fiscal year only recorded transactions, which are exempt in terms
of article 10, as well as taxpayers, who having taken advantage of the exemption from
the obligations to invoice and record in terms of article 36-bis only carried out exempt
transactions, even if they are obliged for the same year to submit the annual VAT declaration
pursuant to the implementation of the changes referred to in article 19-bis2. On
the other hand, the exemption is not applicable if the taxpayer has recorded intracommunity
transactions (paragraph 2 of article 48 of Decree Law 331/1993) or where
purchases have been made, for which VAT is due from the assignees on the basis of
specific regulation dispositions (e.g. purchases of pure gold and silver, scrap etc.);
– agricultural producers who are exempt from the fulfilment of the obligations under
the paragraph 6 of article 34 (agricultural producers who in the previous calendar
year had a turnover that did not exceed 7,000 Euro);
– persons who carry out activities relating to the organization of games, entertainment and
other activities set out in the tariff enclosed under Presidential Decree No. 640 of 26 October
1972, who are exempt from the fulfilment of VAT obligations under the sixth paragraph
of article 74 and who did not opt for the application of VAT in the ordinary manner;
– the individual concerns that have leased out the only business (see circular no. 26 of 19
March 1985 and circular no. 72 of 4 November 1986) and who do not carry out another
relevant activity for VAT purposes in the year to which the communication refers;
– taxable persons, who are resident in other member states of the European Union,
in the circumstances referred to in the second period of paragraph 3 of article 44 of Decree Law No. 331/1993 if, during the fiscal year they have only carried out transactions,
which are not taxable, which are exempt, which are not subject to VAT or which do not carry an obligation to pay the tax;
– persons who have opted for the application of the dispositions outlined in Law number 398 of 16 December 1991, who are exempt from the payment of VAT on all income obtained from commercial activities associated with institutional aims;
– persons whose domicile or place of residence is outside the EU, who are not identified within the community and who have made themselves known within the State for VAT purposes according to the manners outlined in article 74-quinques for exemption from obligations regarding services rendered by electronic means to clients who are not VAT taxpayers with domicile or residence in Italy or another member state;
• persons referred to in article 74 of Presidential Decree No. 917 of the 22 December 1986, namely:
– Sate entities and administrations;
– municipalities, consortiums between local authorities, the associations and entities that manage state properties, the consortiums of communes in mountain areas, the provinces and the regions;
– the public authorities that perform state, social security, welfare and health functions, including the local health organisations;
• persons undergoing insolvency proceedings;
• individuals who, during the fiscal year to which the communication refers had a turnover equal to or less than 25,822.84 Euro even though they are obliged to submit the annual declaration;
• individuals making use of the regime reserved for minimum taxpayers introduced, as of the 2008 tax year, by Law no. 244 of 24 December 2007.
For the purposes of determining the turnover during the year to which the communication refers, the taxpayer, as specified in Circular no. 113 of 31 May 2000, must make reference to the total turnover for all the activities carried out, even if they are managed with separate accounting.
The calculation must also include the total sum of the transactions carried out or recorded or which are subject to recording within the ambit of the activity for which exemption from the annual VAT declaration and consequently, from the communication of information, is provided.
From: www.agenziaentrate.it
