For all foreign-source dividends resolved as from 1 January 2026, the 95% exemption from inclusion in business taxable income is subject to the same conditions applicable to Italian-source dividends, pursuant to the new Article 89, paragraph 2.1, letter (a) of the Italian Income Tax Code (TUIR). Such conditions require a shareholding in the issuer’s [...]

Article 44 of Law No. 182/2025, inter alia, has abolished the right of aggrieved forced heirs to seek restitution from third-party purchasers of immovable property which the deceased’s donee has transferred to them. The new regime applies to successions opened after 18 December 2025, while a transitional regime applies to successions opened prior to that [...]

  The higher values inherent in the permanent establishment are deemed to be realised, resulting in the taxation of latent capital gains: upon the cessation of the permanent establishment, including cases where the related assets are transferred to the head office; in the event of a transfer of the permanent establishment to third parties. In [...]

General rule Deceased/donor resident in Italy: The tax applies to all transferred assets and rights, wherever located (worldwide taxation). Deceased/donor not resident in Italy: The tax applies only to assets and rights situated in Italy. Assets deemed “in any event” to be situated in Italy (for territorial purposes), notably: Assets and rights registered in Italian [...]

Recently, the Court of Cassation, in Order No. 5318/2025, ruled that there is an absolute incompatibility between the status of an employee of a company limited by shares and the holding of the office not only of sole director, but also of chairman of the board of directors (see also Court of Cassation No. 36362/2021).

In its ruling of 1 December 2025, No. 299, the Italian Revenue Agency provided clarification regarding abuse of law in connection with “one-coupon” bonds where there is a timing mismatch between the issuer’s deduction of interest expense and the taxation of interest income for investors. The Agency held that there is no abusive tax advantage: [...]

n judgment C-525/24 of 27 November 2025, the Court of Justice of the EU clarified issues concerning non-resident pension funds and corporate income tax on dividends. The Court held that EU law prevents a Member State from requiring a non-resident pension fund to prove compliance with the substantive conditions for obtaining a refund of withholding [...]

A deed concerning the donation of shareholdings or businesses to the donor’s spouse or descendant, provided it meets the exemption requirements set out in Article 3, paragraph 4-ter of Legislative Decree No. 346/1990, is not subject to gift tax. The exemption rule, as revised by Legislative Decree No. 139/2024, applies to donations of: businesses or [...]

Extraordinary transactions, such as winding up corporate vehicles abroad, may also benefit from the lump-sum substitute tax regime. The reply to ruling request 292/2025 issued by the Agenzia delle Entrate again addresses the preferential regime under Article 24-ter of the TUIR for foreign pensioners who transfer their residence to a municipality in Southern Italy with [...]

With the publication of the Ministerial Decree (DM) of 7 November 2025  a new tax return model has been introduced concerning the global minimum tax for large multinational and domestic groups with entities located in Italy. Starting from financial years beginning on or after 31 December 2023, all entities belonging to groups that exceed the [...]