argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: VAT - Refund guarantee - non-resident group of companies

With answer to question no. 42 of 10 February 2020 regarding the VAT refund guarantee, the Italian Revenue Agency recalled that on the basis of art. 38-bis, paragraph 3, Presidential Decree n. 633/1972, VAT refunds of an amount greater than 30,000 euros, requested by subjects who do not fall under the risk hypothesis, are made without the provision of the guarantee, provided that upon presentation of the annual declaration or the refund request, bearing the visa of conformity or the alternative subscription, which certifies the existence of certain well-identified conditions in relation to the subjective characteristics of the taxpayer. In the case of a group of companies, located entirely outside the national territory, it is necessary to examine relationships for VAT purposes between a permanent establishment in the territory of the State and a non-resident entity. The guarantee due for the purpose of disbursing the VAT refund must be given as a security in government securities or guaranteed by the State, a guarantee, a guarantee policy issued by an insurance company. The subjective unity between the permanent establishment in the territory of the State and the parent company excludes that, in the event that it is necessary to provide the guarantee for the disbursement of the required VAT refund, the guarantee can be provided by the permanent organization through direct recruitment of the payment obligation