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considered on the transfers for restructuring: the drafting of invoices

  • Thread starter Thread starter gfrank
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gfrank

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Article 25 of d.l. 31 May 2010, n. 78, converted by law 122/2010, introduced for enterprises and professionals a 10% tax on income tax which must be operated by banks and Italian post offices s.p.a. directly on the amount of the transfer.
the agency of the receipts has clarified that this statement must be operated on the amount of the purified transfer of the assumed, conventionally, always pairs to 20%.
with circular no. 40/2010 the financial administration has also clarified some aspects related to the case where the client is a subject already required to operate a statement (the most frequent case, for example, is that of the condominium).
In this case the legislation already provides that on compensation paid to professionals and enterprises the condo of the deemed to be 20% and 4% respectively; the risk, concrete, for such subjects, is to see carried out a double deemed.
the agency of the receipts has clarified that, in the case of services and works carried out in the within of works for which the customer avails of the tax deduction of 36% or 55%, the only deemed applicable is that introduced by d.l. 78/2010 that, as a special provision, prevails on ordinary law.
In practice, when a professional or an undertaking invoices to a condominium that performs works for which it intends to avail of the tax concessions mentioned above, the invoice must not be reported the deemed standard operated.

to better clarify we run for an example:

professional (engineer) that invoices to a condominium for performance not connected with facilitated interventions
a)onclock: € 1000,00
(b) supplementary contribution (2%): € 20
VAT (up to + b) = € 204
total document: € 1204,00
withholding (20%) on time = € 200
net to pay: 1204-200 = 1004 euro
in such case banks and postages do not operate any deemed and the credited amount is equal to 1004
professional (engineer) that invoices to a condominium for services connected with facilitated interventions
a) Honorary: € 1000,00
(b) supplementary contribution (2%): € 20
VAT (up to + b) = € 204
total document: € 1204,00
net to pay: 1204 euro
In this case banks and post offices operate the deemed provided by d.l. 78/2010 and the credited amount will be 1204 – 0.1 x (1204/1.2) = 1103.66 euros and they will send to the beneficiary the certification of the statement.

source and circular:http://www.acca.it/default.aspx?tabid=80&itemid=1432&view=details
 

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