The Superbonus, introduced by Legislative Decree no. 34 of 2020, represented a significant opportunity for property owners to access substantial tax deductions for energy efficiency and seismic risk reduction interventions.
However, like all complex regulations, it has brought about several interpretative and operational challenges. In this context, the recent case analyzed by the Revenue Agency fits in, which provided clarifications on the correct application of the discount on invoice.
How to handle any errors in invoicing to avoid losing the right to tax benefits?
Advertisement – Advertising
The question: a case of incorrect invoicing
The taxpayer, representing a minimum condominium, asked a question regarding the use of the Superbonus. In particular, on 29 December 2023, the company carrying out the works issued three invoices without providing for a cash adjustment, applying a discount on invoice pursuant to Article 121 of Legislative Decree no. 34 of 2020.
However, during the certification phase, an error emerged: the discount had been mistakenly applied in the body of the invoice instead of on the total amount, including VAT.
The subject then asked how to correct the error to maintain the 110% relief.
Advertisement – Advertising
The Taxpayer’s Solution
In the original application, the taxpayer had hypothesized to correct the invoices with variation notes, both in increase and decrease, to integrate the correct indication of the discount applied.
This correction would have been made pursuant to Article 26 of the Presidential Decree of 26 October 1972, no. 633, by taking advantage of the voluntary disclosure procedure referred to in Article 13 of Legislative Decree 472/1997.
However, on 5 April 2024, the actual implementation of these changes was communicated, motivated by the imminent regulatory changes.
Advertisement – Advertising
The opinion of the Revenue Agency
The Revenue Agency, through response no. 146 of 2024, specified that the assessment of the existence of the requirements for the Superbonus and for the discount on the invoice it is not the subject of a requestreferring to the practice documents for these elements.
However, he clarified that, as far as deductions are concerned, expenses are considered incurred on the date of actual payment or on the date of issue of the invoice in the case of a full discount. The invoice must also be sent to the Exchange System (SdI) to be considered issued.
In this specific case, the corrected invoices were sent to the SdI on 27 March 2024, beyond the 12 day deadlineand slavishly replicate the previous incorrect invoices without having been cancelled with a credit note.
Therefore, the invoice discount will be applicable in the amount foreseen for 2024 (70%).
Although the voluntary disclosure allows for the rectification of sanctions, it does not allow for the backdating of the effectiveness of invoices to benefit from the 110% relief.
Consequently, the solution proposed by the applicant was not shared and the intermediate certification and the communication of the transfer of credit will have to be modified in line with the relief measure actually due.
