VAT APPLICATION TO FEES INVOICED BY GME
GME's fees are classified as generic services. For VAT purposes, it must be checked the place where the taxable customer is established as mentioned in Article 7 ter of the Decree of the President of the Italian Republic n. 633/72, which implements Article 44 of Directive 2006/112/EC.
Therefore, GME issues an invoice with VAT at the standard rate if the customer is a taxable entity based in Italy, except in the case where the Italian customer is a "esportatore abituale", pursuant to Article 8, paragraph 1, letter c) of the Decree of the President of the Italian Republic n. 633/72. Therefore, an invoice without VAT will be issued.
GME, on the other hand, issues an invoice without VAT when the customer is a taxable EU Participant in its own Country. In this case, it is the Participant that applies the reverse charge.
In case of a non-EU Participant, GME issues an invoice without VAT.
GME issues an invoice for the fees, with reference to VAT payment system called "split payment", to participants established in Italy that certify, by submitting a specific self-certification made pursuant to Article 47 of the Decree of the President of the Italian Republic n. 445 of 28/12/00, that split payment can be applied to them.
An example of a declaration for the status of Participant subject to split payment can be found here.
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