1.Black listed countries with reference to dividends and capital gains The ruling reply no. 131 of 13 May 2025 provided clarifications on the identification of the “preferential” nature of foreign dividends (which precludes the exemption of 95% of such income). If the foreign company distributing the dividends is not controlled … Read more
1.Italian Tax Authorities clarify the boundaries of the in-bound workers regime The ruling replies no. 71 and 74 of 12 March 2025 provide some clarifications on the concept of “high qualification or specialization” referred to into Art. 5(1)d) of the Legislative Decree 209/2023 in connection to the in-bound workers regime. … Read more
1. Ratification of the new double tax treaty between Italy and People’s Republic of China Law no. 182 of 18 November 2024 on the ratification and execution of the new double taxation agreement between Italy and the People’s Republic of China was published in the Official Gazette no. 283 of … Read more
1. The Italian Tax Authorities issues clarifications on the new tax residency rules With the Circular Letter no. 20/2024 the Italian Tax Authorities examined the amendments made by Legislative Decree no. 209/2023 to the Italian rules aimed at establishing the tax residence residence of individuals and legal entities, which are … Read more
1. The Italian Tax Authorities issues clarifications on the DAC 7 With its statement of practice no. 3 of 3 October 2024, the Italian Tax Authorities have provided clarifications on the definitions of “platform” and “seller” with reference to the reporting and exchange of information obligations of digital platform operators. … Read more
1. Link between the notion of the beneficial owner and withholding taxes on dividends The decision no. 23628 of 3 September 2024 issued by the Italian Supreme Court dealt with a case whereby the plaintiff requested a refund on the Italian withholding tax paid on dividends pursuant to Art. 27-bis … Read more
1.Technical services under tax treaties concluded with Tanzania and Uganda With its ruling reply no. 120 of 3 June 2024, the Italian Tax Authorities have clarified that the following activities have, respectively, the nature of technical services (under the tax treaty concluded between Italy and Uganda) or “managerial fees” (under … Read more
1. Residence certificate and withholding refund With its decision no. 9050 of 25 April 2024, the Italian Supreme Court ruled that, in order for a foreign employee to receive the reimbursement of withholding levied by his/hers Italian employer, he/she only needs to provide the Italian Tax Authorities with a residence … Read more
1. Beneficial ownership requirements under the Interest&Royalty Directive According to the Italian Supreme Court decision no. 510 and 521 of 8 January 2024: in the context of the Interest&Royalty Directive (Directive 2003/49/EC), the notion of beneficial owner is to be understood as a substantive rule aimed at allocating taxing power, … Read more
1. Increase of the Italian estate taxes on foreign assets Law no. 213 of 30 December 2023 (Budget Law for 2024) provided for an increase in estate tax rates on foreign properties. In particular, as of 2024, IVIE’s rate increases from the previous 0.76% to 1.06%; IVAFE’s rate increases from … Read more