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The model, remember, must be submitted electronically " no later than the last day of the month following the quarter of reference ", directly by the taxpayer or by intermediaries authorized to telematic services of the Revenue Agency
It should be noted that the use of "horizontal" credit compensation is related to the date of shipment of the model because, in general, the use of provisional credit is permitted only after the filing of the application . In particular, according to the LD 50/2017, where the VAT credit is of an amount greater than 5,000 euros per year the compensation may be paid from tenth day following the presentation of the model TR (previously used in compensation could be made " from the sixteen month following that in which the application was filed ").
In addition, those who intend to use in compensation the VAT credit more than 5,000 euros a year (raised to 50,000 euros for the start -ups innovative ) are required to submit the above-mentioned model bearing the compliance visa or alternative, from the signature by the supervisory body .
The quarterly VAT credit may be claimed or reimbursed by taxpayers who, during the quarter, have one of the following conditions: I refer to Article 30, paragraph 3:
| (a) |
exercised, exclusively or predominantly, activities involving the execution of transactions subject to VAT whose average rate plus 10%, is lower than the average rate of purchases and imports .
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| (b) |
performed non-taxable transactions ( sections 8 8 – bis and 9 of Presidential Decree 633/1972 ) for an amount greater than 25% of all transactions made. It should be noted that transactions made not subject to VAT due to the absence of the territorial requirement must also be counted ( articles from 7 to 7 – septies of Presidential Decree 633/1972 )
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| c) |
during the quarter
purchases and imports of depreciable badets for an amount greater than 2/3 of total amount of taxable purchases and imports. In this respect, it is recalled that:
· the tax paid on the consideration relating to the purchase, as a user, of the leasing contract relating to a depreciable badet can not be repaid ( resolution AdE 392 / E / 2007 ;
· the non-deductibility of depreciation and land rents, in the case of the purchase of buildings, " is to be reduced by the amount attributable to the cost (non-depreciable) of the area occupied by the construction and the amount that is related thereto " ( circular AdE 8 / E / 2009 ).
| (d) |
effected against taxable persons not established in Italy for an amount greater than 50% of the total of all transactions made: [19659004] · Transformation of movable property materials;
· freight transportation and related services intermediation;
· providing auxiliary services for the transport of goods and related intermediation services;
· Provision of credit, banking, financial and insurance services (including to Article 10 (1) (1) to (4), DPR 633/1972 ), carried out against persons established outside the EU or for goods intended for export outside the European Union
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| e) |
non-resident entities and without permanent organization, identification directly in Italy (article 35- ter of presidential decree 633/1972) or with fiscal representative . These subjects may claim a refund or use the VAT credit of the reference quarter as compensation, even in the absence of the prerequisites provided for by the other letters of Article 30 mentioned above.
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The structure of the TR model is articulated, in addition to the title page to report the general data of panels TA, TB, TC, TD and TE to be used to indicate:
- Panel TA ]: active transactions noted or to be recorded in the issued invoice (or charge) register for the reference quarter,
- CT Framework : pbadive transactions, purchases and taxable importations entered in the procurement register for the quarter of reference,
- TC Framework: Credit Determination
- TD Framework : Existence of Reimbursement / Compensation Requirements and Other Data
- TE Framework : Data on all entities involved in the settlement of the VAT group, including the parent company.
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