Le incertezze dello split payment

Italy, after identifying the existence of significant VAT frauds in relation to the sale of goods and services rendered to public administrations, has decided to introduce the split payment mechanism for transactions with Public Authorities Administrations, by way of derogation from the ordinary VAT collection regime. Article 17-ter, introduced by the Stability Law in the DPR n.633/1972, provides a new mechanism for the fulfillment of VAT according to which the VAT charged by the supplier to the public administration must be paid by the purchasing Administration directly to the Tax Office rather than to the same supplier thereby splitting the payment of the consideration from the payment of the related tax; in particular, the tax base is paid to the supplier, while the VAT is paid directly to the Treasury by the Public Administration. The work, after an analysis of the subjective and operational scope of the split payment, highlights its critical issues above all for the inevitable negative consequences that have generated the financial balance crisis of small and medium-sized enterprises.