For those who refuse electronic payments there is one administrative penalty of 30 euros, increased by 4% of the transaction value. They will be only cases of objective technical impossibility are exempted. The new legislation results from the provisions contained in Tax decree n.124 / 2019, published in the Official Journal on 26 October, and from the text of the 2020 Budget Law that was presented to the Chamber on 2 November.
The obligation applies to all the subjects that carry out asset sales activity is provision of services, also professional. The Pos mandatory for traders and freelancers it is not a novelty, it was already introduced at the time of the Monti government with the Growth Decree n.179 / 2012, which had foreseen its entry in force since 1 January 2014. The lack of sanctions and incentives, however, had made it ineffective and poorly applied.
From 1 July 2020 everything will change and all VAT numbers, therefore also the collaborators – except for subsequent regulatory changes – they will have to accept payments with debit and credit cards and have Pos to receive them. There are no minimum amounts to trigger the electronic payment obligation, which will apply to all transactions. In the previous legislation introduced by the Monti government, on the other hand, there was an obligation to pay with electronic money only for amounts exceeding 30 euros, as per ministerial decree of 24 January 2014.
The other novelty concerns theexclusion from the benefit of reduction to one third of the administrative fine in the event of payment within 60 days of the dispute. In fact, in the new discipline, the institution of administrative oblation, provided for by law n. 689/1981.
Alongside the sanctions, there are also provisions for incentives for using Pos. The new legislation, in fact, introduces a tax credit equal to 30% of commissions charged on electronic transactions for the supply of goods and services performed from 1 July 2020. The benefit applies to all VAT numbers, regardless of the tax regime they belong to. The only condition is that the tax payer has not achieved revenues or fees exceeding € 400 thousand in the previous tax year.
The tax credit can only be used in compensation, indicated in form F24, in the tax return relating to the tax accrual period. The benefit will not contribute to the formation of the income of the tax payer for income tax purposes and not even to the value of production for Irap purposes.
To check if the tax payer is entitled to this incentive, the operators that provide payment systems through Pos will have to send all necessary information to the tax office. Within 60 days from the entry into force of the tax decree, the Director of the Revenue Agency must define the terms, methods and content of these communications with its own provision.
Finally, the Budget Law provides for a further incentive to use Pos, this time on the consumer side. All adults and residents in Italy will be able to benefit from a cash refund for the purchases made with credit and debit cards. The only condition is that such purchases take place outside the exercise of a business, art or profession. For this purpose, the Budget law allocates a 3 billion annual fund, even if further conditions and methods of application have yet to be defined.
It is clear that this new legislation on Pos's obligation for VAT Numberings, with a system of penalties and incentives, has as its ultimate goal that of track all payments, bring out the undeclared and counter tax evasion.