VAT obligations for real estate foreclosure, also the collaborative debtor can proceed with the compensation.
The answer to the question number 387 of 1 June 2021 of the Revenue Agency.
In the case of an enforceable procedure, the behavior of the enforced debtor who acquits him is correct VAT obligations relating to foreclosed real estate.
The issuance of the invoice and the offsetting the VAT debit with the VAT credit which derives from the declaration of the year 2018 is allowed in all cases in which the credit in question has not been requested for reimbursement.
The professional with the power to sell, after checking the correctness of the compensation payment, can pay back to the debtor the VAT that has been collected for the sale of the foreclosed properties.
VAT obligations for real estate foreclosure, compensation also for the collaborative debtor
In the matter of real estate foreclosure, the Revenue Agency explains that the collaborative debtor can spontaneously take on the VAT obligations and proceed to compensation of the tax of the accrued surplus.
This is underlined by the response to the question number 387 of 1 June 2021.
- Revenue Agency – Response to the request number 387 of 1 June 2021
- Interpello article 11, paragraph 1, lett. a), law no. 212 – real estate foreclosure – fulfillment of VAT obligations.
As usual, the clarification arises from case presented by the instant. The subject declares that the bankrupt and newly active company has issued invoices relating to the sales of the properties for which it has exercised the option and has declared a credit resulting from the 2018 declaration.
This declaration had been presented by bankruptcy trustee, at the end of the insolvency procedure.
In the present case, the debtor has offset the VAT due on the real estate sales with the credit in question. Specifically, the F24 models were sent to the professional and the payment of the amount collected from the VAT procedure.
In summary, the requests of the applicant, the professional who received the models, are as follows:
- se l ‘iter adopted is correct;
- if the same is entitled to pour out to the executing company the tax collected.
The Financial Administration expresses itself with positive opinion and motivates interpretation.
VAT obligations for real estate foreclosure: the opinion of the Revenue Agency
In providing clarifications to the doubts raised by the applicant, the Revenue Agency first of all clarifies that in the event that the executor does not spontaneously fulfill the obligations, it is professional sales delegate who is theprincipal obliged to fulfill VAT obligations.
This professional acts in the name and on behalf of the taxpayer or in his place.
This situation occurs mainly in cases where the debtor is not cooperative.
However, it is not excluded that the collaborative debtor can take charge spontaneously of the obligations.
As a taxable person, the same can offset the excess VAT accrued by means of the F24 form.
In any case, the responsibility of the delegated professional remains, who must ensure the correctness of the payment, in line with what was clarified in resolution number 84 of 2006.
With reference to the concrete case that is being proposed, the Revenue Agency underlines the following:
“In the case presented, therefore, it is of the opinion that the [BETA] has legitimately fulfilled the VAT obligations resulting from the sale of the property subject to attachment, issuing an invoice and offsetting the VAT payable with the VAT credit emerging from the return relating to the 2018 tax period, obviously on the assumption that said credit had not been requested from reimbursement.”
To complete the clarification, the Revenue Agency also reiterates that for compensation vertical or internal VAT on VAT there is no obligation to compliance visa on the statement from which the credit emerges.
The fulfillment is in fact foreseen only for the horizontal offsets of large VAT credits more than 5,000 euros per year.
After verifying the correctness of the payment through compensation, the instant professional is entitled to to pay the VAT collected to the debtor, relating to the sale of the properties of the enforcement procedure.