Financial operators who transmit the data for the control of the so-called “POS merchant bonus” to the Revenue Agency will have until November 20 to send the report for the months of July, August and September 2020.
The sending may be cumulative and also affect the data for the month of October.
These are the indications provided by the Revenue Agency with the answer n ° 503 of 27 October 2020.
Before examining the indications given by the Revenue Agency, it is useful to remember the POS bonus.
There BONUS POS
The POS bonus is a tax credit granted to merchants to rebate them from the commissions paid to the banks that make the POS service available.
The facility was introduced with art. 22 of Legislative Decree 124/2019.
In particular, paragraph 1 provides that:
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Businesses, art or professions are entitled to a tax credit equal to 30 per cent of the commissions charged for transactions carried out using credit, debit or prepaid cards issued by financial operators subject to the disclosure obligation pursuant to article 7 , sixth paragraph, of the decree of the President of the Republic of 29 September 1973, n. 605.
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As reported on the Revenue Agency website, the tax credit on commissions for transactions made through electronic payment systems.
it is a benefit intended for entrepreneurs or self-employed workers, with revenues and wages of less than 400,000 euros.
Therefore, the tax credit is equal to 30% of the commissions charged for transactions made with private consumers through traceable payment instruments.
The reference is to credit cards, debit cards, prepaid cards, etc.
For example, if I go to a clothing store and pay for my purchases with an ATM, the merchant will owe a commission to the bank or other financial entity that made the POS available to him.
The bonus serves precisely to relieve the merchant from these commissions.
Use of the tax credit
The tax credit can only be used in compensation in F24:
- starting from the month following the month in which the expenditure was incurred e
- must be indicated in the tax return relating to the tax period of accrual of the credit.
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In addition, it must also be indicated in the tax returns relating to subsequent tax periods, up to the one in which use is concluded.
The tax credit it is not taxable.
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Furthermore, the accrual of the tax credit is automatic, hence the need:
- to know the electronic transactions carried out during each month;
- both for the operator who must identify the bonus due and for the Revenue Agency which checks the legitimate entitlement of the bonus.
From here, two distinct provisions were issued respectively:
- ithe provision of 21 April 2020 of the Bank of Italy through which the criteria and methods by which payment service providers communicate to merchants the information useful for determining the tax credit of 30% on the commissions paid have been identified in the reference month;
- the provision of the Director of the Revenue Agency, prot. n. 181301/2020 of 29 April 2020, with which the terms, methods and content of the monthly communications transmitted electronically to the Revenue Agency by the payment system operators were defined.
The communications concern the commissions applied, recorded starting from 1 July 2020.
Commissions from which, calculate the 30% tax credit due to the operator.
The obligations of financial operators
Financial operators therefore have a double obligation, namely:
- make available toRevenue Agency the information necessary to check the tax credit due (provision of 29 April 2020),
- transmit to merchants, monthly and electronically, the list of transactions carried out and information relating to the commissions paid (provision of 21 April 2020).
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This, in order to protect transparency regarding the costs of bank commissions.
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The Revenue Agency intervened on point 1 on 27 October with answer n ° 503.
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POS bonus, sending data by November 20th: answer n ° 505
The transmission of the data to the Revenue Agency must be made by the 20th day following the reference month. Therefore, the first communication relating to the month of July had to be made by 20 August.
Considering this, the petitioner, with a specific request for a ruling, asked for clarification regarding the deadline of August 20. Noting that:
“At least for the first month of application of the reference legislation it is forced to comply late with a delay of no more than ninety days” and, therefore, asks what are the sanctioning consequences of this delay in the transmission of data and whether it can avail itself of the institution of the active repentance referred to in article 13 of the legislative decree 18 December 1997, n. 472
The Revenue Agency provided indications with reply n ° 503.
POS bonus, sending data by November 20: the indications of the Revenue Agency
In particular, with regard to the sanctions applicable to violations regarding the communication in question, the following applies:
the administrative sanction referred to in article 11, paragraph 1, letter a) of legislative decree no. 471 according to which “1. The following violations are punished with an administrative sanction from € 250 to € 2,000: omission of any communication prescribed by the tax law even if not requested by the offices or by the Finance Police to the taxpayer or to third parties in the exercise of the powers of verification and assessment on the matter direct taxes and value added tax or sending such communications with incomplete or untrue data “.
Attention, the aforementioned sanction applies both in the case of failure to communicate data to the Agency, and in the case of communication with incomplete or untrue data.
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Hence, regarding the recourse to active repentance:
- the omitted communication, that is sent after the ordinary deadline can no longer be remedied nor the sanction can be revoked;
- the incorrect communication it can be rectified within three months from the expiry date of the original transmission and, consequently, the sanction is also recoverable.
However, the Revenue Agency sets a temporary and general preferential treatment,
taking into account that, during the first application of the provisions described above, several parties complained about the technical and operational difficulties in promptly communicating the data for the months of July, August and September 2020, it is allowed to carry out a cumulative communication with data for the month of October 2020.
In summary
In summary, the financial operators who send the data for the control of the so-called “POS merchant bonus” to the Revenue Agency will have until November 20 to send the report for the months of July, August and September 2020.
The sending may be cumulative and also affect the data for the month of October.
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