The VAT warehouse is a simplification regime provided for by art. 50-bis of Law Decree n. 331/1993, implementing art. 157 to 160 of Directive 2006/112/EC. In order to benefit from the VAT warehousing simplification regime, goods have to be physically introduced into the warehouse, a “virtual” storage of goods is not allowed (Circular Letter n. 16/D, April 28, 2006).Note n. 7521, dated December 28, 2006, issued by the customs authorities stated that neither a minimum length of storage, nor unloading of goods is provided for by law. However certain additional requirements have to be fulfilled:
- designated area within the warehouse which has the capacity to physically store the goods
- the goods have to be physically moved to the VAT warehouse and remain there for a minimum period (depending on local custom Authority) before being removed
- storage contract has to exist
In order to increase the competiveness of the Italian VAT warehousing regime within the EU, the Italian Chamber of Deputies, with the Note n. 7/00768, dated 1st February 2012, addressed to the Italian Government a non-binding proposal requiring less restraints than currently in place in Italy. Art. 8, paragraph 21-bis of the Law Decree n. 16/2012 (so called “Decreto semplificazioni”) amended an interpretative provision related to the VAT warehouse regime. In particular, paragraph 5-bis of the art. 16, of Law Decree n. 185/2008, now states that services carried out on goods handed to the authorized depository of the VAT warehouse are considered as an effective introduction of the goods into the VAT warehouse, without requirement of a minimum time of stoppage nor the obligation to unload the goods from the means of transport.
Michaela Merz 