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 [...]
When the recipient company does not acquire control of another company pursuant to Article 2359, paragraph 1, no. 1) of the Italian Civil Code, nor increases its percentage of control, the provisions of paragraph 2 shall nevertheless apply if both of the following conditions are met:a) The contributed shareholdings represent a percentage of voting rights [...]
In its ruling of 13 February 2025, No. 33, the Italian Revenue Agency examined the procedures for recovering the deductible VAT surplus, by means of a refund claim, in the case of a non-resident entity with a permanent establishment in Italy.In the case at hand, the non-resident entity supplied goods to customers resident in Italy [...]
The Court of Justice of the European Union (CJEU), in judgment C-602/24 of 1 August 2025, clarified that a supply of goods initially declared as an intra-Community supply but subsequently exported outside the EU without the supplier’s knowledge remains exempt from VAT, provided that the exit from the EU customs territory can be demonstrated.
Capital income is taxable for non-residents when paid by persons resident in Italy; therefore, interest on loans granted by non-resident entities to Italian companies is territorially taxable in Italy. Article 26, paragraph 5, of Presidential Decree No. 600/1973 provides for a withholding tax of 26 % for non-residents, which may be reduced under the Double [...]
Companies can obtain an IRAP refund on dividends, thereby overcoming national practice and strengthening the application of EU directives. This was established by Judgment No. 681 of 29 September 2025 by the Second Tax Court of Piedmont. In the field of corporate taxation, the taxation of dividends received by parent companies has always represented a [...]
Legislative Decree 88/2025 introduced some amendments to the rules governing extraordinary cross-border and international transactions. With regard to demergers, the amendments did not affect the procedure itself but provided clarifications on the required documentation and on the steps to be followed in the event of incomplete documentation. As for the procedure, three main phases can [...]
The commissions received by digital platforms for the rental of goods are not subject to the withholding tax provided for under Art. 25-bis of Presidential Decree 600/73.The reasoning lies in the nature of the contractual relationships, which are not among those exhaustively listed in the provision (Italian Revenue Agency Ruling, 18 September 2025, No. 250). [...]
Several tax treaties concluded by Italy provide that the former country of residence of the individual may exercise its taxing rights on capital gains from shareholdings realized by non-residents. This applies when a person was resident in State A, moves to State B, and disposes of shareholdings in companies located in State A within a [...]
In its ruling of 25 August 2025, No. 23842, the Court of Cassation endorsed the view that the artificial relocation of a company’s registered office abroad constitutes an abusive practice that cannot be challenged in the absence of a purely artificial arrangement, where the company actually carries out an effective economic activity abroad. In the [...]