The Court of Cassation’s Order no. 17536/2025 clarifies that formal violations of VAT bookkeeping and invoice preservation do not automatically bar the right to deduction, provided substantive obligations are met. The ruling sets two exceptions—fraudulent intent or inability to prove substantive compliance—under which deduction is denied. It reinforces the principle of fiscal neutrality while maintaining sanctions for formal non‑compliance.
The VATfaqs digest
Global VAT news, delivered Tuesday and Thursday. Free, curated from 50+ official sources, no spam.
No spam · Unsubscribe any time
Meridian Global Services · 2 days ago
From 1 January 2026, Italy has enacted a new automated VAT assessment regime for omitted annual returns, allowing the tax authority to calculate VAT due using e‑invoicing and other digital data. The automated determination must be completed by 31 December of the seventh year following the missing return, and penalties are capped at 120% of VAT due, reducible to one‑third if paid within 60 days of notice.
The Invoicing Hub · 3 days ago
Italy’s e‑invoicing system will adopt new SDI technical specifications effective 15 May 2026, adding VAT‑group checks, expanded accreditation limits, and a sports‑worker exemption code. The ViDA directive will require Italy to shift from its centralized SdI model to a decentralized reporting architecture by 1 January 2035, and to adopt the EN16931 standard. These changes affect ERP vendors, e‑invoicing service providers, and all businesses issuing electronic invoices in Italy.
Commercialista Telematico · 15 days ago
The article examines a case where an Italian company offers a €5,000 discount to a German customer in exchange for advertising services, treating the discount as a VAT swap under Article 11 of DPR 633/1972. It discusses whether the discount should be applied as a reduction on the supply invoice or issued as a separate credit note, and explains the reverse charge mechanism in Italy.
Commercialista Telematico · about 1 month ago
The 2026 Italian Budget Law amended the VAT base for permutative operations, aligning with EU Directive 2006/112/CE. The new rule requires the taxable base to be the normal value of goods and services, defined as the price a transferee would pay in free competition to an independent third party. This change applies to all permutative operations under Italian VAT law.
VatCalc · about 1 month ago
Italy's 2026 Budget Law introduces a 2% AgCom contribution on Italian‑sourced digital, media and platform revenues, effective March 2026. The levy applies to both Italian and non‑Italian entities, with per‑mille rates ranging from 0.05% to 0.2% across activity categories and a €100 de‑minimis threshold. Filing is required via AgCom's electronic portal, with penalties up to €130,000 for non‑compliance.
SAFT Validator · about 2 months ago
Italy became the first EU country to mandate electronic invoicing for all VAT‑registered businesses in 2019, expanding the requirement to micro‑businesses in 2024 and introducing FatturaPA v1.9 in 2025. The SDI clearance model has reduced the VAT gap and serves as a benchmark for the EU’s ViDA framework. The current EU derogation expires at the end of 2027, while the consolidated VAT code will take effect on 1 January 2027.
Sponsored placement
Reach finance leaders who read VAT news.
Put your brand alongside trusted tax-tech intelligence across 150+ countries.
Key Takeaways
The Court ruled that the right to deduction remains if substantive obligations are met, even with formal violations, unless there is fraudulent intent or proof prevented.
If the formal violation is committed with fraudulent or evasive intent, or prevents proof of substantive compliance.
Fraudulent intent or inability to prove substantive compliance.
Primary source
Read the full article at StudioLegalEbianucciThis summary was published on VATfaqs.com on 22 May 2026. It relates to VAT developments in Italy. The original source is StudioLegalEbianucci.
