Contribution of a business – Continuity of the holding period of the contributed business and the acquired shareholding – Acquisition date of individual assets – Irrelevance (AIDC Practice Statement No. 235)
In determining the holding period of the shareholdings received as a result of a business contribution pursuant to Article 176 of the Italian Income Tax Code [...]
Subordination – Concept of financing – Assessment of the conditions – Relevant point in time (Italian Supreme Court, 12 March 2026, No. 5582)
By order No. 5582 of 12 March 2026, the Italian Supreme Court (Corte di Cassazione), concerning the subordination of the repayment of shareholders’ loans in favour of [...]
Minimum shareholding of 5% or €500,000.00 – club deals
The agenda item of 29 December 2025 No. 9/2750/168 committed the Government to assess the appropriateness of taking any initiative aimed at clarifying, including through administrative means, [...]
Foreign tax credit – Entitlement (C.G.T. I Como, judgment of 4 November 2025 no. 297/1/25)
The judgment of the C.G.T. I Como of 4 November 2025 no. 297/1/25 confirmed the principle established by the Supreme Court case law (Cass. 1 September 2022 [...]
Joint and several liability of shareholders – not managing sharholder- of Italian LTD / SRL
In order no. 1358/2026, the Italian Supreme Court (Corte di Cassazione) held that, pursuant to Article 2476(8) of the Italian Civil Code, a non-managing shareholder of an [...]
Minimum shareholding of 5% or EUR 500,000 – Changes introduced by Law No. 199/2025 (2026 Budget Law)
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 [...]
Action for restitution against successors in title of donees – Amendment – Exclusion –
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 [...]
Cessation of the Permanent Establishment
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 [...]
Territorial Scope of Italian Inheritance and Gift Tax
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 [...]