API
Late submission of the electronic invoice: what are the risks and how to avoid them
Anyone required to issue electronic invoices knows this well: between file management, responses from the Interchange System and internal and external flows that are not always straightforward, there is a high margin for making even unintentional mistakes. It is no coincidence that one of the most frequent tax issues for companies and professionals is precisely the late submission of the electronic invoice. In this case, even a simple delay can result in significant penalties. In this article we will look at what fines await those who send an electronic invoice after the deadlines. And, above all, what systems to adopt to avoid oversights and forgetfulness.
Deadlines for issuing an electronic invoice
In 2019, Italy was one of the first countries to opt for electronic invoicing, extending it to almost all VAT-registered entities. And, in 2023, it obtained an extension from the EU to continue using the Interchange System (SdI) until 31 December 2027 or until the definitive introduction of an alternative European system.
In general, the electronic invoice must be sent via the Interchange System within 12 days of the date on which the transaction took place, that is, from the delivery of the goods or the performance of the service. It is possible to issue a deferred electronic invoice when the transaction is documented by a Transport Document (DDT) or an equivalent document. In this case, you have until the 15th of the following month to issue it. This solution can be useful for those who, for example, make multiple deliveries to the same customer in the same month and want to group everything into a single invoice.
One aspect to bear in mind is that what counts for compliance with the deadlines is the actual date of transmission to the Interchange System, not the date shown on the invoice. In other words: late submission of the electronic invoice occurs if it is sent to the SdI late even when it is created on time. And that is not all: if the invoice is rejected due to technical or formal errors, the transmission is considered not to have taken place. How can this be remedied? You have 5 days from the rejection notification to correct and resend the document, thus avoiding penalties
Late submission of the electronic invoice: penalties
As mentioned above, sending an electronic invoice after the prescribed deadlines can turn into a tax infringement with potentially significant financial consequences. These vary depending on whether the submission is late or the invoice is incorrect; for each of these two situations, fines are applied based on the impact they have on the VAT.
If the late submission of the electronic invoice does not affect the VAT settlement, the penalty is from 250 to 2,000 euro. Otherwise, the fine can be up to 70% of the VAT relating to the transaction, with a minimum of 300 euro.
If the electronic invoice is issued with errors, a penalty from 250 to 2,000 euro is applied if these do not affect VAT settlement and up to 70% of the VAT relating to the transaction, with a minimum of 300 euro, otherwise.
The penalties for failure to issue an invoice, on the other hand, range from 90% to 180% of the VAT, with a minimum of 500 euro.
What happens to the electronic invoice rejected by the Interchange System? This can happen because of an error in the XML file, the insertion of an incorrect recipient code and so on. In these cases the invoice is not considered transmitted and, in effect, it is as if it had never been sent. However, it is possible to remedy this. By correcting and retransmitting the electronic invoice within 5 days of the rejection notice, problems can be avoided. After this deadline, however, the same rules and the same fines as for a late submission apply.
When it is possible to use voluntary regularisation
If an electronic invoice is sent after the deadlines, it is possible to remedy the situation through voluntary regularisation. This tool makes it possible to regularise your tax position spontaneously, benefiting from a reduced penalty compared with the ordinary one. It is based on the principle of timeliness: the sooner you act, the less you pay.
The reductions vary depending on the time elapsed since the infringement, with rates ranging from 1/10 of the fine (within 30 days) to 1/7 (if you regularise after one year, but within the deadline for the VAT return). To complete the voluntary regularisation procedure, payment must be made using form F24, using tax code 8911 and indicating the year in which the irregularity occurred.
Although this is a useful solution for limiting the possible consequences of the late submission of the electronic invoice (or its non-issuance), it should not be seen as a substitute for the rules to follow. As with many business workflows, when issuing electronic invoices too, a preventive approach based on reliable and integrated tools is needed. Among the safest ways to avoid having to pay hefty fines is to automate the electronic invoicing process.
Automating invoice sending with A‑Cube: less risk, more control
At A-Cube we have designed several APIs that can automate the transmission of electronic invoices and ensure full regulatory compliance. All without operational complications or slowdowns in day-to-day work management. Here are some of them.
With API e‑Invoicing Italy it is possible to generate, digitally sign and send electronic invoices to the Interchange System in real time, directly from your management systems or custom environments. The dashboard is intuitive and customisable and allows you to:
send invoices in both XML and JSON format;
communicate via REST API or through FTP protocol;
automate processes using tax codes and VAT numbers;
automatically manage notifications and any rejections;
access total or aggregated usage statistics by VAT number;
set specific actions for each company.
Another solution capable of minimising manual intervention and the risk of errors is A‑Cube Transfer. With this API system it is possible to:
manage and transform digital documents;
extract the necessary information from files of any type to create digital documents such as electronic invoices, receipts, online orders or transport documents;
send the created files to the Interchange System, to the relevant government channel or to the management system in use, also automatically.
For those who use Stripe for processing payments with cards, digital wallets and Buy Now Pay Later (BNPL) systems, we have developed the e-invoicing App for Stripe. It allows you to manage and send electronic invoices to the SdI directly from the Stripe dashboard with a single click or automatically, in an integrated and compliant way. All of this happens in real time, so as not to create delays or queues in document transmissions.
Thanks to these solutions, late submission of the electronic invoice becomes a risk of the past.
Meet deadlines, without stress
As we have seen, late submission of the electronic invoice is not just an operational problem and can lead to substantial fines. And manual management takes time and resources. Even though the possibility remains of remedying any errors with voluntary regularisation, it is worth equipping yourself with automation systems that relieve the team of the most repetitive tasks as well as those that can easily lead to errors.
Relying on solutions and tools such as those developed by us at A-Cube makes it possible to meet deadlines, monitor any mistakes or oversights and minimise the possibility of omissions or rejections. Our APIs are also scalable and customisable for every need and easily integrable with any company management system or ERP. To find out more, you can contact us at info@acubeapi.com.
