Always above the threshold
Every flat-rate invoice above the amount threshold is subject to stamp duty, because there is no VAT to take its place.
VAT numbers · Minor obligations
It is the smallest obligation and the one most often forgotten: two euros on an invoice without VAT. Small, until it becomes a quarterly statement left unpaid for three years, with penalties out of all proportion to the amount.
The rule is simple: stamp duty applies to invoices without VAT, when the amount not subject to VAT exceeds a threshold. It does not apply to invoices with VAT, because the principle of alternativity applies.
| Type of transaction | Stamp duty due? |
|---|---|
| Invoice with VAT | No, because VAT and stamp duty are alternatives |
| Invoice from a taxpayer in the regime forfettario (flat-rate scheme) | Yes, above the threshold |
| Transactions outside the scope of VAT | Yes, above the threshold |
| Exempt transactions | Yes, above the threshold |
| Zero-rated transactions: exports and intra-EU supplies | No |
| Receipt for occasional work | Yes, above the threshold |
| Expenses advanced in the client's name and on the client's behalf | Yes, above the threshold |
The law places the obligation on whoever issues the document, but allows the cost to be passed on to the client.
On an electronic invoice no physical stamp is used: you fill in a field and pay periodically.
In the XML file you fill in the dedicated block, stating that the duty is paid virtually and the amount.
Every quarter the Agency compiles the list of invoices with stamp duty and makes it available in your personal area.
The Agency also flags invoices which, based on the data, appear to be subject to stamp duty but do not have the field filled in: you can confirm or exclude them.
Quarterly, with an F24 (the Italian tax payment form) and separate tax codes for each quarter, or by direct debit from the portal.
The statement is pre-filled and can be edited.
Payment is quarterly, with a simplification for those with small amounts.
This is the group that comes across stamp duty most often, because all its invoices are without VAT.
Every flat-rate invoice above the amount threshold is subject to stamp duty, because there is no VAT to take its place.
This is common and legitimate practice: it is shown on the invoice as a reimbursement, outside the taxable amount and not subject to the substitute tax.
The stamp duty remains your cost, which under the flat-rate scheme cannot even be deducted item by item.
If you issue many invoices of average size, the quarterly stamp duty adds up to a sum worth noticing: budget for it.
Forgetting the field in the XML and not looking at the statement: the invoices end up in list B and the stamp duty becomes final anyway.
Look at the quarterly statement, even if only to confirm that the figures match your invoices.
Penalties on stamp duty are proportional to the tax evaded, and on a small unit amount they become proportionally heavy.
On every invoice above the amount threshold. Flat-rate invoices are without VAT, so the principle of alternativity, which would rule out stamp duty, does not apply.
You can charge it to the client by showing it on the invoice as a reimbursement, outside the taxable amount: this is common practice and it does not count towards the base for the substitute tax.
It can be fixed. The Revenue Agency compiles a quarterly statement of the invoices it considers subject to stamp duty even though the field was not filled in: you will find it in your personal area.
Within the set deadline you can confirm or exclude them. If you do nothing, the amount becomes final anyway and must be paid: the problem only arises if you do not pay it at all.
No. It is an expense advanced in the client's name and on the client's behalf, so it is excluded from the VAT taxable amount and does not count towards your income.
It must be shown on the invoice on a separate line, outside the taxable amount. If you include it in your fees instead, it becomes taxable revenue in every respect.
It depends on the nature of the transaction. Intra-EU supplies and exports are zero-rated transactions and are not subject to stamp duty.
Transactions outside the scope of VAT because they are not territorially relevant to Italy, on the other hand, are subject to it if they exceed the threshold. How the transaction is classified decides the matter, as explained in invoicing abroad.
The quarterly statement is pre-filled in your personal area. If you never open it, you find out about the problem when the notice arrives.