Key data
| Regulation | Council Implementing Decision (EU) 2026/1728, of 10 July 2026 |
|---|---|
| Modified regulation | Council Implementing Decision (EU) 2017/784 (original authorization of Italian split payment) |
| Publication | 15 July 2026 |
| Entry into force | 10 July 2026 |
| Validity of the measure | Extended until 2029 |
| Affected country | Italy (national exception measure) |
| Articles of the VAT Directive affected | Articles 206 and 226 of Directive 2006/112/EC |
| Direct stakeholders | Companies and self-employed persons invoicing Italian public bodies |
| Category | European Regulation |
| Period | 2026–2029 |
Spanish and European companies working with the Italian Administration have been operating for years under the split payment mechanism. The Council Implementing Decision (EU) 2026/1728, of 10 July 2026, confirms that this exceptional system is extended until 2029, with no changes to its operation.
The measure was born in 2017 with the Council Implementing Decision (EU) 2017/784, which authorized Italy to depart from the general rules for VAT payment and invoicing contained in articles 206 and 226 of the VAT Directive 2006/112/EC. The new decision modifies that original authorization to extend its validity.
What does this regulation establish?
Split payment is an anti-fraud mechanism whereby, when a supplier issues an invoice to an Italian public body, the body divides the payment: it pays the supplier only the taxable amount (the price of the service or product) and pays the VAT directly to the Italian Tax Authority, without going through the supplier.
This is an exception to the general rule of the VAT Directive, which establishes that it is the supplier who collects the VAT from their customer and settles it later with the tax authority. The following table summarizes the contrast between the general regime and the split payment regime:
| Aspect | General VAT regime (Directive 2006/112/EC) | Italian split payment (authorized exception) |
|---|---|---|
| Who collects the VAT? | The supplier, who collects it from the customer | The public body buyer |
| Who pays the VAT to the Tax Authority? | The supplier, in their periodic return | The public body, directly |
| What does the supplier receive? | Taxable amount + VAT | Only the taxable amount |
| Legal basis | Arts. 206 and 226, Directive 2006/112/EC | Council Implementing Decision (EU) 2017/784, amended by 2026/1728 |
| Validity | Permanent regime | Exceptional authorization until 2029 |
The EU Council recognizes in this decision the effectiveness of the mechanism in combating tax fraud in Italian public procurement, which justifies its extension. No changes are introduced to the operation of the system: the extension is a continuation under the same conditions.
Economic and operational impact
For companies operating with the Italian Administration, the main impact is on cash flow. By not receiving the VAT from their invoices, they cannot use it as temporary liquidity between the moment of sale and the moment of tax filing. In contracts of high amounts or with long payment terms, this difference can be significant.
From an operational perspective, the concrete implications are:
- Invoicing: Invoices issued to Italian public bodies must correctly reflect the applicable VAT, even though the supplier will not collect it. The public body is the one who manages it.
- Cash flow: The supplier's cash flow does not include the VAT from these operations. Liquidity must be planned without counting on that amount.
- Deductions: The supplier still has the right to deduct the VAT borne on their purchases related to these operations, which can generate favorable balances with the Italian or Spanish Tax Authority depending on the company's tax structure.
- Contracts: It is advisable that contracts with Italian public entities expressly reflect the split payment mechanism to avoid disputes over the amount to be collected.
This regulation does not generate changes in Spain nor does it affect operations between private companies in Italy. It only applies when the customer is an Italian public body.
Who does it affect?
- Spanish companies with supply, services or works contracts with Italian public administrations (State, regions, municipalities, autonomous bodies).
- Spanish self-employed persons providing services to Italian public entities.
- European companies from any member state that invoice Italian public bodies.
- Italian subsidiaries of multinational groups with customers in the Italian public sector.
- Tax advisors and CFOs managing cross-border operations with Italy.
The measure does not affect operations between private companies in Italy, nor exports or imports of goods unrelated to Italian public procurement.
Practical example
A Spanish technology consulting company wins a contract with an Italian ministry for €100,000 (taxable amount). The applicable Italian VAT is 22%, which amounts to €22,000 in VAT.
With the split payment mechanism in force:
- The Spanish company issues the invoice for €122,000 (€100,000 + €22,000 VAT).
- The Italian ministry transfers to it only €100,000 (the taxable amount).
- The ministry pays directly the €22,000 VAT to the Italian Tax Authority.
- The Spanish company does not manage or receive the VAT from this operation.
If the company has VAT borne in Italy for expenses related to that contract (travel, local subcontractors, etc.), it can request a refund of the favorable balance from the Italian tax administration. This is an operational aspect that should be reviewed with a tax advisor with experience in Italy.
What should companies do now?
- Review existing contracts with Italian public bodies to confirm that they correctly reflect the split payment mechanism and that the amount to be collected by the supplier is the taxable amount, not the total including VAT.
- Update cash flow forecasts by removing the VAT from invoices to Italian public bodies from the expected cash flow until 2029.
- Verify the accounting and tax treatment of these operations with your tax advisor, especially if there are VAT borne balances in Italy that may be subject to refund.
- Inform sales and administration teams working with Italian public clients that the mechanism remains unchanged until 2029, to avoid errors in invoice issuance or collection expectations.
- No urgent action is required if you were already operating correctly under split payment: the extension does not introduce changes to the system's operation.
Frequently asked questions
What is VAT split payment in Italy and how does it work?
Split payment is a mechanism whereby, when a supplier invoices an Italian public body, the body divides the payment: it pays the supplier only the taxable amount and transfers the VAT directly to the Italian Tax Authority. The supplier does not receive or manage the VAT from those invoices. It is authorized as an exception to articles 206 and 226 of VAT Directive 2006/112/EC.
Until when is split payment valid in Italy?
Council Implementing Decision (EU) 2026/1728, of 10 July 2026, extends the authorization of Italian split payment until 2029. The measure has been in force since 2017, when it was authorized by Council Implementing Decision (EU) 2017/784.
Does Italian split payment affect Spanish companies?
Yes, if you invoice Italian public bodies. In that case, the VAT on your invoices is paid directly by the public body to the Italian Tax Authority, and you only collect the taxable amount. It does not affect operations between private companies nor does it generate new obligations in Spain.
What happens with VAT borne if I operate under Italian split payment?
The supplier still has the right to deduct the VAT borne on their purchases related to these operations. If the balance is favorable to the supplier (more VAT borne than VAT charged managed), they can request a refund from the Italian tax administration. It is advisable to review this point with a tax advisor specialized in Italian taxation.
Does anything change in operations with the 2026 extension?
No. Council Implementing Decision (EU) 2026/1728 is an extension with no changes to the mechanism's operation. If you were already operating correctly under split payment, you do not need to modify anything. The novelty is that the measure is guaranteed until 2029, which allows for planning with certainty.
Official source
Consult complete regulation in official source
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202601728