There electronic invoice It is a digital document that certifies the transfer of goods or the provision of services, replacing the traditional paper invoice. It is essential to understand the terms and methods of issue to ensure compliance with current tax regulations.
What is the date of issue of the electronic invoice
There date of issue of an electronic invoice corresponds to the moment the invoice is transmitted to the exchange system (SDI).
It is important to distinguish between the date of issue and the date of the operation. The date of the operation indicates the moment in which the transfer of the asset or the provision of the service took place.
Electronic invoice: immediate, deferred and early
Electronic invoices are distinguished by characteristics and timing in:
- There immediate invoice It is issued at the same time as the operation is carried out.
- There deferred invoice It is used to document operations in a certain period, generally one month, and can be issued by the 15th of the month following that of carrying out the operations.
- There advance invoice It is issued before the execution of the operation, for example at the time of the advance payment by the customer.
What is the deadline for sending the electronic invoice
There electronic invoice it must be emitted within specific terms, variable based on the type of invoice: immediate, deferred or early.
There immediate invoice must be issued by 12 days from the date of carrying out the operation, i.e. from the delivery or shipment of the goods, or by the payment of the consideration for the provision of services. Being an immediate invoice, as the term suggests, it could also be sent The day of the operation itselftherefore the same day when the good was sold or in which the performance was carried out.
Example: If the performance is paid the 1 December 2024the immediate invoice must be issued and sent to the SDI by December 13, 2024but it could also be issued on 1 December.
There deferred invoice It can be used for the transfers of goods whose delivery or shipping results from the transport document (DDT). In this case, the invoice must be issued by 15th day of the following month to that of carrying out the operation.
Example: For a delivery that took place the November 20, 2024the deferred invoice must be issued and sent to the SDI by December 15, 2024.
There advance invoice It is issued before carrying out the operation, i.e. before the delivery of the goods or the execution of the services. In this case, the date of the invoice coincides with that of issue, and sending the SDI must take place at the same time or in any case within the terms provided for immediate invoices.
Example: If a invoice is issued the December 10, 2024 For a delivery of delivery the December 15, 2024sending the SDI must take place by December 22, 2024 (12 days from the date of issue).
When to issue the immediate electronic invoice
There immediate electronic invoice It is mandatory when the transfer of goods or the provision of services is carried out without the use of transport documents (DDT) or other suitable documentation that allows the issue of a deferred invoice. In other words, when the delivery of the goods or the execution of the services takes place directly and without intermediaries, it is necessary to issue an immediate invoice.
We assume two different situations, so it will be better understood how to proceed:
- Retail: a shop sells a product directly to the customer the December 5, 2024. In this case, the immediate invoice must be issued and sent to the SDI by December 17, 2024.
- Provision of services: a professional completes a consultation on December 10, 2024. The immediate invoice must be issued and sent to the SDI by December 22, 2024.
It is important to emphasize that compliance with the terms of issue and sending electronic invoice is essential to avoid administrative sanctions. Therefore, it is advisable to adequately organize the management of billing, perhaps using management software that facilitate the process and guarantee compliance with current regulations.
When to issue the deferred electronic invoice
There deferred electronic invoice It represents a solution for the management of operations that last over time or involving accessory documentation, such as transport documents (DDT), as we have already analyzed. This type of invoice is particularly indicated in cases where you want to group multiple operations carried out in the same month towards the same customer.
The deferred invoice is mainly used in two situations:
- Sales of movable property: When the delivery or shipping of the goods is accompanied by a transport document certifying the operation.
- Provision of services: for services rendered during the month, documented with intervention relationships, minutes or other suitable documentation.
The deadline to issue a deferred invoice is the 15th day of the following month to that in which the operations were carried out. The date to be indicated in the invoice can be that of the last operation or a date between the latter and the moment of issue.
To help you better understand how to behave, depending on whether you have to give in assets or provide a service, here are some examples:
- Sale of goods: If the delivery of a product takes place the November 25, 2024the deferred invoice can be issued up to December 15, 2024reporting the reference to the DDT that documents the operation on the invoice.
- Services: For interventions carried out the 5, 12 and 20 November 2024it will be possible to issue a single deferred invoice by December 15, 2024indicating the detail of the operations carried out in November.
When to issue early electronic invoice
There early electronic invoice It is used in situations where the operation is formalized with an advance payment with respect to the delivery of goods or the execution of the services. This type of invoice is ideal for guaranteeing transparency and tax correctness, especially in the cases of collection of Acconti.
The cases in which the early invoice is used, generally, are:
- Board of Acconti: it is mandatory to issue an invoice when receiving a payment, even partial, before the service is paid or the goods delivered.
- Advance payment: If the customer pays the amount before carrying out the operation, the early invoice must be issued, which certifies the collection and makes the VAT immediately payable.
The early invoice must be issued and transmitted by 12 days from the date on which payment is received. The date indicated in the invoice coincides with that of the collection, making the operation fiscally relevant at that moment.
But let’s clarify the concepts with examples:
- Advance payment for goods: If the customer pays the December 10, 2024 For a delivery of delivery the December 20, 2024the invoice must be issued and sent by December 22, 2024. The date reported in the invoice will be the December 10, 2024.
- Deposit for services: In the event of a collection of a down payment December 15, 2024 For a service that will be performed the January 5, 2025the early invoice must be transmitted by December 27, 2024reporting the date of the invoice on December 15, 2024.
The issue of early invoice allows you to clearly manage the proceeds prior to the actual execution of the operation, ensuring compliance with tax regulations.
What are the penalties for late or omitted emission of the electronic invoice
There correct and timely emission of the electronic invoice It is a fundamental obligation for VAT holders in Italy. Failure to comply with the expected terms can entail administrative penalties of different entities, depending on the severity of the violation:
- Omitted, late or incorrect billing: if the invoice is not issued, it is issued late or contains errors that affect the determination of VAT, the sanction varies from 90% to 180% of the tax relating to the operation, with a minimum amount of 500 euros.
- Violation that does not affect the liquidation of VAT: in the event that the error or delay does not affect the correct liquidation of the tribute, a fixed penalty between 250 and 2,000 euros.
The taxpayer can make use of the Institute of active repentancewhich allows to further reduce the amount of the sanction, provided that the regularization takes place within specific terms and the conditions provided for by current legislation are respected.
What happens if the invoice is discarded
In the process of electronic invoicingThe Exchange system (SDI) plays a crucial role, verifying the compliance of the transmitted invoices. If a invoice has errors or anomalies, the SDI can discard it.
When the SDI detect problems in an invoice, send one waste notification to the transmitter. This notification contains the reasons for the waste, allowing the taxpayer to identify and correct errors.
An invoice discarded by the SDI is considered not issued. This implies that, for tax purposes, the documented operation is not registered, with possible consequences in terms of tax obligations and penalties for omitted billing.
To regularize the situation, it is necessary correct and transmit again the invoice within 5 days from the reception of the waste notification. This time interval allows you to make the necessary changes without incurring late emission penalties.
