QUESTION
The owner of an A/10 carried out an extraordinary maintenance on the facade in 2021, the VAT on the works should have been 22%. By mistake the supplier applied VAT to 10%. In the invoice, issued in 2021, the company granted a 90% discount on the sale of credit; the net of 10% was paid in 2021.The assignment of credit will be made by 29/04/2022. To correct this error is it correct for the supplier to issue a change note for higher VAT in 2022? The higher VAT from variation note, paid in 2022, can it be subject to a 60% discount for façade bonuses with credit transfer to the supplier? Finally, could the mistake made lead to the loss of the bonus?
ANSWER
From the question it is not clear whether a «discount on the invoice» has been made by the supplier or a «transfer of credit to the supplier». The difference is significant, since in the «invoice discount» of bonuses other than 110%, the invoice discount must be equal to the entire deduction due to the taxpayer and transferred to the supplier (for example, for the 2021 90% facade bonus)while in the case of the assignment of the credit to the supplier the price of the credit transferred (which can be paid by the supplier to the taxpayer or can be translated into a discount of the supplier’s invoice to the taxpayer) can be equal to a percentage of the cost incurred (for example, 37%), different from the percentage of the building bonus transferred (for example, 90%). In any case, the Revenue Agency has never clarified how to behave in the case mentioned in the question. For VAT purposes, the variation note corrects the error, after industrious repentance. For the higher VAT of the variation note, paid in 2022, you should benefit from the facade bonus of 60% and should
be necessary to carry out the same transaction made in 2021 (assignment of the credit to the supplier or discount on invoice) under the same conditions, albeit proportionate considering the reduction of the bonus transferred from 90% to 60 percent. For the mistake made, it is considered that it is not possible to lose the bonus, but much depends on the interpretation given by the Financial Administration to the specific case in question.
Luca De Stefani
