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 [...]
Chairman of the Board of Directors – Compatibility in the presence of an employment relationship – incompatibility
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 [...]
One-Coupon” Bonds: no abuse in the timing mismatch
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 [...]
Withholding tax on dividends received by a non-resident pension fund
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 [...]