Disclaimer fuel card use for purchases made through credit cards, debit cards and prepaid cards
With the Circular no. 42 / E of 9 November 2012 `s Revenue Agency has provided clarification with regard to the effects of the provisions introduced by Legislative Decree development relating to the suppression of the fuel card for those who carry out the purchase by credit cards, debit cards or prepaid.
The changes introduced by Legislative Decree development in the field of fuel card account for a document management system as alternative to the rules provided for by Presidential Decree n. 444 of 1997, which, therefore, continues to work for those who do not intend to provide in buying fuel by means of electronic payment instruments, still want to proceed to deduct any VAT paid on purchases and deducting the cost of acquisition for the purposes of taxes on incomes.
The rule exempts from any obligation of those who carry only fuel card fuel purchases exclusively by credit cards, debit cards or prepaid cards.
It follows that those who pay also by various methods (eg cash) must all `adoption of the fuel card for all fuel purchases made during the year` s tax.
The two certification systems are mutually alternative: to be the choice Revenue Agency `s` s one or another system of records should be referred to the subject `s set in a unified manner. In other words, the mode of documentation of transactions for the purchase of motor fuels related to the same subject `s tax must be unique, being irrelevant for this purpose` s possible presence of more than one vehicle used in the conduct of the activity.
Of course:
it is not necessary that the electronic paper is used exclusively for the purchase of fuel, the same means of payment could also be used to make other purchases.
If the same in buying fuel are also carried out purchases of goods / services of various kinds, it is necessary that the purchase of fuel is carried out by a separate transaction, in order to enable the separate identification.
Moreover, considering that natural persons carrying on profession and individual entrepreneurs are not obliged, in general, the operation of bank accounts or post office "dedicated" to the activity carried out, the paper used for the purchase of fuel and `must be used only for purchases relating to` activities of enterprise or artistic or professional.
Documentation of transactions
L `Revenue Agency considers it necessary that the means of payment is payable to the person who exercises the economic activity in, the` art or profession, and from that bank statement issued by the card issuer `emerge all the necessary elements for the location of `purchase, such as, for example, the date and the subject from which is refueled, as well as the` amount of the related payment.
The retrieved data are based, of course, to a content "minimum" must appear in the documentation that `s purchase of fuel to allow both the deduction for VAT purposes and the deduction of the cost. `It goes without saying that the documentation which prove further details that apply to associate each transaction to a specific vehicle, would allow a more easily to exercise the power of control. For example, payment instruments issued by companies dedicated to different operators in the sector, from which emerges the reporting separately for each vehicle used by the employee even for the purposes of internal management control, should be considered suitable to ensure that more extensive and detailed certification purchases of motor fuel.
Supplies self-service
The theme of supplies at self service is not specifically covered by Circular 42 / E of 9 November 2012, but it had already been to the Circular `s Revenue Agency no. 205 / E of 12 August 1998, which clarified that are excluded from the discipline of fuel card, all cases of inability to certification of fuel purchases for lack of personnel involved in the distribution (eg for supplies made during the `closing time or at vending fully automated operating without the aid of `staff). In the cases aforesaid exclusion from any obligation of completing the continue to apply the discipline of billing the customer's request: they can be used for this purpose, good delivery issued by automatic equipment, to be sent to the managers for the `fulfillment in question.
So in case of supplies self-service, the taxpayer has two options:
if it makes fuel purchases exclusively by credit cards, debit cards or prepaid cards, it is not obliged to draw up the fuel card to deduct any VAT and deduct the cost;
otherwise, it may not include the fuel supply in the card but must ask the manager Issue of the bill, sending the manager himself the good delivery issued by automatic equipment.
Synthesis and operational solutions
In summary, the Circular 42 / E does not provide specific formalisms (was the exemption from fuel card is also fail any obligation, to businesses, to note the mileage), but only constraints of uniformity.
The Circular 42 / E is silent as to the method for recording the fuel purchases made only by credit cards, debit cards or prepaid cards. It is believed that the solution would be noting in the register of purchases every single tax payment receipt or document periodic summary of receipts, integrated with:
the identification data of the taxpayer and the vehicle (which in the receipt missing);
l `display` s tax spun off and the portion deductible.
On this question, however, expect clarifications by `s Revenue Agency.
Please note that the enforcement provisions of the so-called "Fuel card" is been provided with the Ministerial Decree of June 7, 1977, after which the Presidential Decree November 10, 1997, n. 444 has set specific regulations that have changed the rules of preparation of fuel card.
L `establishment and maintenance of the fuel card detects both for VAT purposes, both for the purposes of the deduction of the cost of purchase from taxable income. This provision is linked to the prohibition for station managers distribution of motor fuels to issue an invoice for the sale of such products, except for special cases (for example, the transfers made to the State, of certain institutions and drivers of things for third parties).
L `Article 7, paragraph 2, letter d), of the Decree Law 13 May 2011, n. 70 (cd Development Decree) added paragraph 3-bis to in Article 1 of Presidential Decree n. 444 of 1997, providing that "Notwithstanding the provisions of paragraph 1, the subjects all` value added tax which carry fuel purchases exclusively by credit cards, debit cards or prepaid cards issued by financial operators subject to any obligation communication provided for in Item 7, sixth paragraph, of Presidential Decree of 29 September 1973, no. 605, are not subject to any obligation of keeping the fuel card provided for in this Regulation. "
The news does not affect the system of "loyalty cards" associated with the contract of "netting", under which the manager `s distribution system is bound to the oil company to perform periodic and ongoing assignments in favor of the user who uses , for payment, a system of magnetic cards issued directly by the oil company.
Final Remarks
Adequate reflection on the real possibility for the user to do without fuel cards is a must because by law (Dl 70/11), the scheme "simplified" in purchases of fuel is only when all operations (without exception) are paid by credit card or debit card. The condition that puts it in the hope that the taxpayer fails to make payment there is a fault that could affect the computer system but also the simple telephone line.
And always that the Manager will not find in yet another dispute on the age of the banking committee that has also led to the cancellation of the same operators who do not accept the law on the generosity of those boards have suspended the service.
View the further endowment linked to payment by electronic money, it would be appropriate to reaffirm the principle of gratuitousness in Law 2012 Stability and Dl liberalization in January (Dl 1/12).
25/11/2012
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Translated via software
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Source:
Italian version of CercaGeometra.it