VIES Guarantee for Non-EU Operators

Everything You Need to Know (and Do) to Keep Operating in Italy Without Unpleasant Surprises

Navigating the complex world of international tax regulations can feel like a real maze—especially when your business is expanding into new territories. If you are a non‑EU/EEA operator aiming to do business in the Italian market through a tax representative in Italy, there is a fundamental new requirement you cannot ignore: the VIES Guarantee.

This isn’t just a formality—it’s a key obligation introduced to strengthen the fight against cross‑border VAT fraud and ensure operational transparency. While it might seem like a hurdle, with the right information and support it will become a straightforward step on your path to success in Italy.

But what exactly does the VIES Guarantee mean? Who must provide it? And what are the steps to stay compliant and avoid automatic exclusion from VIES? In this comprehensive guide, we’ll walk you through every detail step by step. You’ll get all the answers in clear, practical language to turn doubt into certainty.

What the VIES Guarantee Is and Why It’s Mandatory

Since 14 April 2025, the Italian Revenue Agency (Agenzia delle Entrate) has imposed a new requirement on all non‑EU or non‑EEA entities wishing to operate in Italy via a tax representative.

To be (or remain) registered in the VIES database, these operators must provide a financial guarantee—either a bond or a deposit of at least €50,000 with a minimum duration of 36 months.

This measure—introduced by Legislative Decree 13/2024 (amending Article 35, paragraph 7‑quarter of DPR 633/1972) and regulated by Revenue Agency Provision No. 178713/2025—has a clear goal: to prevent VAT fraud linked to intra‑community carousel transactions, where VAT is never actually remitted. With this new rule, Italy protects its tax system… but requires non‑EU entities to show their financial solidity in writing, ensuring compliance.

Who Must Provide the VIES Guarantee?

This rule applies precisely to two categories:

1. All non‑EU or non‑EEA entities intending to operate in Italy through a tax representative in Italy.
   
2. Even those already registered in VIES before 14 April 2025 must comply.
   

This guarantee is therefore crucial both for those already active in the market and those preparing to enter.

Minimum Requirements for the VIES Guarantee

To be accepted by the Italian Revenue Agency, the guarantee must meet precise and non-negotiable criteria.

Accepted forms:

• Insurance or bank surety bond, issued in accordance with Law no. 348/1982.
  
• Collateral in government securities or securities guaranteed by the State, evaluated at face value.
  

Mandatory requirements, regardless of the form:

• Minimum amount: €50,000 – this is non-negotiable.
  
• Duration: At least 36 months from the date of submission to the relevant Provincial Directorate.
  
• Addressee: Temporary Director of the Provincial Directorate of the Italian Revenue Agency corresponding to the tax domicile of the fiscal representative.
  

 Warning:
A generic policy is not enough. Your guarantee must be specifically drafted in accordance with Law 348/1982 and Provision No. 178713/2025. A non-compliant guarantee will be rejected, causing delays and complications.

When and How to Submit the Guarantee

If you DO NOT have a VAT number yet:
You must submit the guarantee together with your application to start business and to be registered in the VIES. Without the guarantee, your VIES registration will be rejected.

If you ALREADY have a VAT number:
You must deposit the guarantee before requesting registration in the VIES.
If you were already listed in the VIES as of April 14, 2025, the deadline to submit the guarantee was June 13, 2025.

Submission method:
Delivery must be in person at the relevant Provincial Directorate of the Revenue Agency.
Online submission is not allowed, emphasizing the need for direct verification.

What Happens If You Don’t Submit the Guarantee

Failure to submit the VIES Guarantee has serious consequences for your business in Italy.

If you were already in the VIES and didn’t submit the bond by June 13, 2025:

• You’ll receive a notice (PEC or registered letter) from the Revenue Agency about the irregularity.
  
• You’ll have 60 more days to comply and submit the guarantee.
  
• If you still fail to comply, you will be automatically excluded from the VIES.
  

Consequences of being excluded from the VIES:

• You can no longer operate under intra-EU VAT exemption rules. Your invoices will be subject to Italian VAT, even for EU transactions.
  
• Your EU partners may face unexpected VAT on your invoices, causing accounting and tax issues.
  
• Your business credibility will suffer, potentially damaging relationships and limiting your ability to operate in Italy.
  

In short:
Non-compliance isn’t just a penalty—it’s a real obstacle that can block your operations and hurt your company’s reputation.

Practical Case: A Non-EU Company Wanting to Operate in Italy

To clarify how the process works, let’s look at a real-world example.

Example:
A company based in Shanghai wants to sell its products in Italy, using a tax representative in the country. In order to operate under the intra-EU VAT exemption scheme and register with VIES, the company must:

• Obtain a guarantee (or deposit) of at least €50,000, valid for a minimum of 36 months.
  
• Make it out to the temporary Director of the Provincial Directorate of the Italian Revenue Agency responsible for the tax domicile of its representative.
  
• Physically deliver the guarantee to the Italian Revenue Agency for verification.
  
• Only after a successful review, the company will be registered in the VIES database.
  

No guarantee = No VIES = No 0% VAT.
In this case, the Chinese company will not benefit from tax exemptions for intra-EU operations.

FAQ – Frequently Asked Questions

Here are quick answers to the most common questions about the VIES Guarantee: