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News on Electronic invoicing

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The B2B Electronic Invoicing is a key topic discussed in 2019.
Here are summarized below some regulatory updates both in B2B and B2G e-Invoicing.

Extension until 30/9 of the penalty moratorium for late invoices
As required by Legislative Decree 119/2018, those who issue electronic invoices late, until 30 June 2019 are not subject to penalties: fines do not apply if the electronic invoice is issued within the period of periodic payment of the tax, or they are applied with a reduction of 80% on condition that the electronic invoice is issued within the term of payment of the tax for the subsequent period.
Article. 10 of the aforementioned decree, converted into law, provides for the extension of this provision to 30 September 2019 for taxpayers who carry out monthly VAT liquidation.
On the other hand, nothing changes for those who do not issue invoices (or do not receive them): in this case, a penalty of 90% to 180% of the VAT relative to the taxable amount (Legislative Decree n. 471/1997).

Change in the way in which proxies are presented
Starting from 31 May, the methods of presenting proxies will change. Attached is the press release that reports the news.
With the provision of the Director of the Revenue Agency (Prot. N. 96618/2019 of 17/04/2019), considering the overcoming of the start-up phase of the electronic invoicing process, the suppression is scheduled from 31 May 2019 of the procedure for sending proxies by certified e-mail required by point 4.8 of the provision of 5 November 2018.

Implementation of the European Directive 2014/55
The 2014/55 directive on European electronic invoicing has also come into force in our country, which provides that the contracting authorities of public tenders, starting from 18 April 2019, receive and process electronic invoices in accordance with the European standard on electronic invoicing. This deadline is postponed to 18 April 2020 for sub-central contracting authorities. The Exchange System is therefore now able to manage invoices in European format.

Introduction of mandatory electronic invoicing for transactions carried out with the Republic of San Marino.
Among the various measures of the Growth Decree published in the Official Gazette on 30/04/19, Article 12 introduces Electronic Invoicing for trades made with this State starting from 01/05/2019. The obligations relating to the exchange relationships with the Republic of San Marino, provided for by the decree of the Minister of Finance 24 December 1993, published in the Official Journal of the Italian Republic n. 305 of 30 December 1993, are executed electronically according to procedures established by decree of the Minister of Economy and Finance in accordance with agreements with said State. The exemptions from the general obligation of electronic invoicing provided for by specific legal provisions are not affected. With the provision of the Director of the Revenue Agency the technical rules necessary for the implementation of this article are issued.

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