Frequently asked questions

Since 2024 an individual is resident in Italy if, for most of the tax year (183 days, 184 in leap years), they have their residence (habitual abode) in Italy, their domicile (the place where their personal and family relationships are mainly located) in Italy, or are physically present in Italy. The tests are alternatives and part-days count (art. 2 TUIR, as amended by Legislative Decree 209/2023; Revenue Agency Circular 20/E of 2024). Registration in the Italian population register for most of the year creates a rebuttable presumption of residence. More: guide to moving tax residence between Italy and the UAE.

Yes. An Italian citizen who moves abroad for more than twelve months must register with AIRE, the register of Italians resident abroad, through the consulate within 90 days of the move. Since 2024 failure to report the move is subject to a fine of €200 to €1,000 for each year, imposed by the municipality. AIRE is a registry obligation, separate from tax residence, but it is one of the elements the tax authorities consider in audits. More: guide to moving tax residence between Italy and the UAE.

Not necessarily. Tax residence depends on the tests in art. 2 TUIR: if your habitual abode, your main personal and family relationships or your physical presence remain in Italy for most of the year, you remain resident even if registered with AIRE. In that case your worldwide income continues to be taxed in Italy. To avoid disputes it helps to keep concrete evidence of the move: lease or property abroad, residence permit, work or business abroad, travel records and family ties. More: guide to moving tax residence between Italy and the UAE.

The UAE is included in the Ministerial Decree of 4 May 1999, Italy's list of preferential tax jurisdictions for individuals. Under art. 2(2-bis) TUIR (from 1 January 2027 art. 2(3) of Legislative Decree 117/2026), an Italian citizen who emigrates there is presumed to remain resident in Italy unless proven otherwise: the taxpayer must document the actual transfer of their personal and economic life. The UAE is not on the EU list of non-cooperative jurisdictions; the two lists serve different purposes. More: guide to moving tax residence between Italy and the UAE.

For individuals: where family, home and days of presence will be; AIRE registration; the evidence needed to rebut the presumption of Italian residence; how Italian pensions, dividends and property are treated under the Italy–UAE treaty. For businesses: where strategic decisions will be taken (risk of Italian residence of the UAE company), any exit tax, the CFC rules on subsidiaries, transfer pricing between Italian and UAE companies, and UAE taxes (9% corporate tax above AED 375,000, free zone regimes and, for large multinational groups, the 15% domestic minimum top-up tax). More: guide to moving tax residence between Italy and the UAE.

Under Cabinet Decision No. 85 of 2022, an individual is UAE resident, among other cases, if their usual place of residence and centre of personal and financial interests are in the UAE, if present in the UAE for at least 183 days in a 12-month period, or for at least 90 days with a residence permit and either a permanent place of residence or employment or business in the UAE. The Federal Tax Authority issues a Tax Residency Certificate, useful for applying the treaty with Italy, for the current period or past periods, not for future ones. The UAE certificate alone does not rule out Italian residence if the tests in art. 2 TUIR are met. More: guide to moving tax residence between Italy and the UAE.

The treaty signed in 1995 (Law 309/1997, in force since 5 November 1997) deals with dual residence through successive tests (permanent home, centre of vital interests, habitual abode, nationality), which apply to people who are also UAE resident under art. 4, normally shown with a UAE tax residency certificate. Among other things it provides: Italian tax on dividends capped at 5% or 15%; interest taxable only in the State of residence of the beneficial owner; royalties subject to withholding of up to 10%; income and gains from real estate taxable where the property is located. A tax residence certificate from the other State is normally required to apply it. More: guide to moving tax residence between Italy and the UAE.

It depends on the type of pension. Under the Italy–UAE treaty, private pensions are taxable only in the State of residence (art. 18), while government pensions, paid by the State or public bodies for services rendered, fall under art. 19 and are generally taxed in Italy. Pensions linked to industrial or commercial activities carried on by public bodies may be treated as private pensions (art. 19(3)). Before moving, it is worth checking the nature of the paying entity and claiming treaty relief with proof of residence. More: guide to moving tax residence between Italy and the UAE.

Municipal property tax (IMU): for non-residents the property is not a main residence, so the main-home exemption does not apply. A 50% reduction applies to one non-rented dwelling owned by a person receiving a pension accrued under an international social-security agreement with Italy. If the property is let, the rent is taxed in Italy under IRPEF or, for residential leases, the optional flat "cedolare secca"; if it is not let, IMU generally replaces IRPEF. IVIE is the reverse case: it applies to Italian residents owning property abroad (1.06% of the value from 2024).

Yes, under certain conditions. People coming to work in Italy after at least three years of residence abroad can consider the inbound-worker regime (art. 5 Legislative Decree 209/2023): 50% of income from work performed in Italy is exempt, up to €600,000 a year, if they are highly qualified and remain resident for at least four years. Those who were non-resident for at least nine of the last ten years can elect the substitute tax on foreign income (art. 24-bis TUIR, from 2027 art. 246 Legislative Decree 117/2026). The two regimes have different requirements and should be compared case by case. More: guide to moving tax residence between Italy and the UAE.

Because, for the UAE, it is the taxpayer who must prove that the foreign residence is genuine, the tax authorities focus above all on the ties left in Italy. Personal and family ties weigh most: spouse, children, stable relationships. Economic ties come next, such as shareholdings managed from Italy, directorships and, in particular, homes kept available with active utilities. Income linked to roles or services that imply frequent presence in Italy also matters. These elements should be reduced or documented before leaving, not after an audit has started. More: guide to moving tax residence between Italy and the UAE.

Yes. The treaty does not restrict the notion of resident to UAE nationals (art. 4): an Italian citizen who is genuinely resident in the UAE can rely on it, usually by producing a UAE tax residency certificate. This allows, for example, reduced withholding on Italian dividends and the rules on dual-residence cases. Each treaty signed by the UAE has its own definition of resident: people moving from other countries must check the applicable treaty. The treaty does not remove the Italian presumption of residence, but it can help rebut it: the Revenue Agency treats the 2-bis rule as shifting the burden of proof to the taxpayer (rulings 55 and 370 of 2023), and the Supreme Court (judgment 35284 of 18 December 2023) held the presumption rebutted for a taxpayer resident in the UAE under art. 4 of the treaty, on the strength of several documents. The burden of proving a genuine move nonetheless remains with the taxpayer. More: guide to moving tax residence between Italy and the UAE.

The property must be reported in the RW section of the tax return and is subject to IVIE, 1.06% of its value since 2024: for properties outside the EU this is usually the purchase cost shown in the deed or, failing that, market value. If the property is let, the rent must be declared in Italy as foreign income, with a credit for any tax paid in the country where it is located; the UAE levies no personal income tax, so normally there is no credit. If it is not let, IVIE replaces IRPEF. Automatic exchange of information between countries makes these data increasingly visible to the tax authorities.

Italy has no general exit tax for individuals: the tax on unrealised gains at the time of migration (art. 166 TUIR, from 2027 art. 193 Legislative Decree 117/2026) applies to businesses. The move has other effects, though. Gains realised by non-residents on the sale of shares in Italian companies may remain taxable in Italy, unless the applicable treaty gives the taxing right to the State of residence only: this is generally the case under the Italy–UAE treaty (art. 13, paragraph 4), with exceptions for real estate and permanent establishments. The timing of any sales, the effects on controlled companies and the rules of the new country should also be assessed. More: guide to moving tax residence between Italy and the UAE.

Yes, through the ruling request (interpello) provided for by art. 11 of the Taxpayers' Statute (Law 212/2000). It must be filed before the conduct takes place or before the relevant tax return is filed, and must describe a specific case. The Agency replies within 90 days; if it does not reply, the solution proposed by the taxpayer is deemed accepted. The reply binds the tax offices on the case described, as long as the facts do not change. It is used, for example, to clarify which treaty article applies to a pension, to prove the exemptions for dividends from low-tax countries or for access to the new-residents regime. A ruling does not establish facts, such as genuine foreign residence.

Individuals who move their tax residence to Italy after being non-resident for at least nine of the previous ten tax years can pay a fixed annual substitute tax on foreign income instead of IRPEF. The amount is €300,000 for moves from 1 January 2026 (Law 199/2025), €200,000 for moves from 11 August 2024 to 31 December 2025, and €100,000 for earlier moves. The election is made in the tax return, can be extended to family members (€50,000 each for those moving from 1 January 2026, even if the main taxpayer arrived earlier; €25,000 for earlier moves) and lasts up to fifteen years. From 1 January 2027, subject to any corrective decrees, art. 24-bis becomes art. 246 of Legislative Decree 117/2026, the new Consolidated Income Tax Act. More: guide to moving tax residence between Italy and the UAE.

All income arising abroad, whatever the amount: for example foreign dividends and interest, gains on foreign financial assets, rent from foreign property and income from foreign shareholdings. Italian-source income remains subject to ordinary taxation. The taxpayer may exclude income from one or more foreign States from the regime: that income is taxed under ordinary rules with a credit for foreign taxes. The fixed amount is due even in years when foreign income is modest.

Italian-source income, which is taxed under ordinary rules, and income from any States the taxpayer chooses to exclude. In addition, during the first five tax years of the election, gains on the disposal of qualifying shareholdings are excluded and follow the ordinary regime. For this reason, before moving, it is worth reviewing any planned sales of significant shareholdings and the origin of expected income. More: guide to moving tax residence between Italy and the UAE.

It can be, but the two systems work differently. From 6 April 2025 the United Kingdom abolished the remittance-based non-dom regime and replaced it with a temporary exemption for new arrivals. The Italian regime instead sets a fixed annual amount (€300,000 for moves from 2026) covering all foreign income for up to fifteen years, with exemption from foreign-asset reporting and from IVIE and IVAFE. Whether it suits a family depends on the size and source of income, the expected length of stay, family and assets.

Yes. During the years of the election, inheritance and gift tax applies in Italy only to assets and rights located in Italy (art. 1(158) Law 232/2016). The taxpayer is also exempt from foreign-asset reporting (form RW) and from IVIE and IVAFE on foreign assets. These effects also apply to family members to whom the election is extended. Before electing, a ruling request (interpello) can be filed with the Revenue Agency to confirm that the requirements are met.

It is an optional regime (art. 24-ter TUIR) for people receiving foreign pensions who move their residence to a municipality with no more than 30,000 inhabitants in Sicily, Calabria, Sardinia, Campania, Basilicata, Abruzzo, Molise or Apulia, or to certain municipalities hit by the Central Italy earthquakes. All foreign-source income is taxed at a 7% substitute rate for the year of the move and the following nine years. Applicants must not have been Italian resident in the previous five tax years and must come from States with administrative cooperation agreements. Italian income remains taxed under ordinary rules.

It depends on how the trust is classified for Italian tax purposes. If the settlor or beneficiary keeps powers that prevent an effective transfer of control over the assets, the trust is disregarded and income is attributed directly to that person. If beneficiaries are identified, the trust's income is attributed to them on a look-through basis (art. 73 TUIR). If the trust is opaque and established in a preferential tax jurisdiction, distributions to residents are taxed as investment income. As for reporting, beneficiaries of an opaque trust, including a foreign one, file form RW where required but do not pay IVAFE or IVIE, because they do not own the assets; if the trust is a nominee arrangement, the assets are treated as belonging to the person who in fact controls them, who is taxed as the owner. Guidance: Revenue Agency Circular 34/E of 2022.

A family office is a structure, inside the family or external, that coordinates the management of the wealth of one or more families: investments, company shareholdings, real estate, tax compliance, family governance and succession. Its purpose is to provide a single view of the assets and coordinate the various advisers. From a tax perspective, the legal form, the country of residence of the entities involved and the tax treatment of each must be defined, especially when family members live in different countries.

There is no instrument that suits everyone. The choice depends on the composition of the assets, the family situation, the objectives and the countries involved. Family holding companies, family pacts (patto di famiglia), trusts, fiduciary companies and mandates, insurance policies and shareholder agreements can be used, also in combination. Each instrument has different civil-law and tax effects (income tax, inheritance and gift tax, reporting) and must also be assessed under the rules of the other countries where family members live.

A holding company concentrates the family's shareholdings in a single entity: heirs receive shares in the holding rather than fractions of each operating company, and the articles of association can regulate governance, voting rights and exits. Transfers to descendants and spouse of shareholdings giving control can be exempt from inheritance and gift tax (art. 3(4-ter) Legislative Decree 346/1990) if the recipients keep control for at least five years. Setting up the holding should be planned in advance, considering the available tax-neutral regimes. It is not a safe scheme in every case, though: in ruling no. 115 of 4 June 2026 the Revenue Agency treated as abusive, for gift tax purposes, a controlled-realisation contribution (art. 177(2) TUIR) to a new holding followed by a gift of its shares to the children, and denied the art. 3(4-ter) exemption because the founder kept veto rights that prevented the children from having effective control; in ruling no. 116 of the same date it denied the exemption for a gift, through a patto di famiglia, of the bare ownership of partnership interests with a life interest reserved to the donor, because representation and management remained with the donor; according to the Agency, the exemption can still apply to bare ownership alone if the bare owner obtains full management powers. Structure, governance and timing should therefore be assessed carefully.

The patto di famiglia (arts. 768-bis ff. of the Italian Civil Code) lets an entrepreneur transfer a business or shareholdings to one or more descendants, compensating the other forced heirs. For gift tax purposes the transfer may benefit from the exemption in art. 3(4-ter) Legislative Decree 346/1990: for shares in companies, only if they allow the recipient to acquire or strengthen control, and provided the recipients continue the business or keep control for at least five years. The conditions must be checked for each shareholding. Sums or assets given to the other forced heirs who do not receive the business are not covered by the art. 3(4-ter) exemption: for gift tax purposes they are treated as gifts from the founder, with the rate and allowance of the founder–heir relationship (Supreme Court judgments 29506/2020, 19561/2022 and 19627/2024; Revenue Agency Resolution 12/E of 14 February 2025).

Art. 24-ter TUIR requires the taxpayer to receive pension income paid by foreign payers, that is, benefits received after the end of a working activity, including self-employment. The Revenue Agency's practice reads the requirement broadly, including for example foreign supplementary pension benefits, even when funded by voluntary contributions; the pension nature of the benefit must, however, be checked case by case. The law sets no minimum pension amount. Once the requirement is met, the 7% tax applies to all foreign-source income, including foreign dividends, interest and capital gains, except income from countries the taxpayer chooses to exclude. The nature of the benefit should be checked before moving.

They are alternatives with different requirements. The 7% regime (art. 24-ter TUIR) requires a foreign pension, at least five years of residence abroad and a move to an eligible municipality; it lasts ten tax years and the tax is proportional to foreign income. The new-residents regime (art. 24-bis) requires nine years of foreign residence out of the last ten, applies anywhere in Italy, lasts up to fifteen years and charges a fixed €300,000 for moves from 2026. In purely arithmetical terms the two amounts are equal at about €4.3 million of foreign income a year. Only the latter excludes foreign assets from Italian inheritance tax.

The regime (art. 5 Legislative Decree 209/2023) applies to people who move their residence to Italy after at least three years abroad, undertake to stay for at least four years and work in Italy as employees or self-employed: 50% of employment or self-employment income is exempt up to €600,000 a year, with the taxable share reduced to 40% for those with minor children. A high level of qualification or specialisation is required. In some 2025 rulings (nos. 71 and 74) the Revenue Agency accepted that this can be met, as an alternative to a degree, by at least five years of qualified professional experience (three in the last seven for certain IT professions), referring to the immigration rules for highly qualified workers. A degree is therefore not always essential.

The minimum period of residence abroad becomes longer. Normally three tax years are enough; but if the person works in Italy for the same employer they worked for abroad, or for a company in its group, six are required, rising to seven if they had already worked in Italy for the same employer or group before moving abroad (art. 5(1) Legislative Decree 209/2023). Under the same provision (art. 5(2)), the group means entities linked by legal control under art. 2359(1)(1) of the Civil Code, or controlled by the same person. The issue often arises with secondments and intra-group returns: the work and residence history should be documented before returning.

It depends on the year of the move. The ban on combining them in art. 1(154) of Law 232/2016 covered the earlier regimes for workers returning to Italy. Decree-Law 38/2026, converted by Law 88/2026, extended it to the new inbound-worker regime of art. 5 Legislative Decree 209/2023, but only for people who move their residence to Italy from tax year 2027. Those who moved between 2024 and 2026 may therefore, if they meet the requirements of both, apply the substitute tax on foreign income and the relief on employment income earned in Italy. For moves from 2027 one of the two regimes must be chosen.

As a rule, assets settled in a trust are taxed when they are distributed to the beneficiaries, with rates and allowances based on the relationship between settlor and beneficiary. Since 2025, art. 4-bis of Legislative Decree 346/1990, introduced by Legislative Decree 139/2024, allows the settlor to elect to pay the tax at the time of each contribution: in that case later distributions to beneficiaries are no longer taxed, not even on the growth in value inside the trust. If the class of beneficiaries cannot be identified at the time of the contribution, the highest rate, 8%, applies with no allowance. Under art. 13 of Legislative Decree 148/2026, in force since 12 August 2026, the election also covers mortgage and cadastral taxes; the decree sets no specific start date for this change, and the Revenue Agency's implementing measure provided for by art. 4-bis does not yet appear to have been issued. According to the Revenue Agency's instructions to the inheritance tax return, which concern testamentary trusts, a trustee who elects to pay upfront cannot claim exemptions or reliefs that depend on specific requirements, not even when the assets are later distributed to the beneficiaries. The instructions do not expressly mention the art. 3(4-ter) exemption for businesses and controlling shareholdings, nor lifetime contributions, but there is a real risk that the election rules it out: the point is disputed and should be weighed carefully before electing. Whether it is worthwhile depends on the assets, the beneficiaries and the time horizon.

It is a debated combination on which, as of October 2026, there appears to be no official guidance from the Revenue Agency. During the new-residents regime (art. 24-bis TUIR), gifts and inheritances are taxed in Italy only on assets located in Italy; how this rule interacts with the election to pay tax at the time of the contribution to a trust (art. 4-bis Legislative Decree 346/1990), including for distributions to beneficiaries after the regime ends, remains to be clarified. The issue must therefore be assessed case by case: before proceeding, a ruling request should be considered and the tax classification of the trust checked, including the risk of it being treated as a sham.

When the settlor or the beneficiaries keep powers that empty the trustee's independence: for example the power to revoke the trust, to change the beneficiaries freely, to give binding instructions or to replace the trustee, or where the trustee cannot act without their consent. In such cases the Italian Revenue Agency treats the trust as interposed: income and assets are attributed to the person who controls them and the separation of assets also falls away for tax purposes. Rulings in recent years show that the outcome often turns on individual clauses of the trust deed, including the protector's powers, which therefore need careful drafting.

They depend on the relationship between the deceased or donor and the beneficiary (Legislative Decree 346/1990): 4% for spouses and lineal relatives, on the value above €1 million per beneficiary; 6% for brothers and sisters, above €100,000; 6% with no allowance for other relatives up to the fourth degree and in-laws up to the third; 8% in all other cases. For people with a severe disability the allowance is €1.5 million. For estates opened from 2025 the tax is self-assessed by the heirs. Some assets, such as controlling shareholdings passed to descendants and spouses, may be exempt.

Since 2025, after Legislative Decree 139/2024 amended art. 3(4-ter) of Legislative Decree 346/1990, the exemption for transfers to descendants and spouses distinguishes three cases: for businesses, the recipient must continue the activity for five years; for companies, they must acquire or strengthen control (art. 2359(1)(1) Civil Code) and keep it for five years; for partnerships, keeping the interests is enough. The new wording does not expressly require a business activity, but the Revenue Agency has not yet taken an explicit position on purely passive holdings. Whether the exemption applies to holdings and to shareholdings in foreign companies must therefore be assessed case by case, possibly through a ruling request.

A contribution to a holding under the "controlled realisation" rule (art. 177(2) TUIR) produces no gain if the holding records the shares at the shareholders' tax basis. If the shares of the unlisted holding are then gifted, gift tax is calculated on its book net equity (art. 16 Legislative Decree 346/1990), which may be lower than that of the contributed companies. In ruling no. 42 of 18 February 2026, concerning a gift of the bare ownership of a non-controlling interest taxed under the ordinary rules, the Revenue Agency considered this saving undue but ruled out abuse of law, because the transaction was not devoid of economic substance: it aimed to create a family group with coordinated management of the companies. In ruling no. 115 of 4 June 2026, by contrast, a similar transaction was held to be abusive, where the new holding was placed on top of an existing family holding without significant non-tax reasons. As regards the exemption in art. 3(4-ter) of Legislative Decree 346/1990, ruling no. 152 of 31 July 2026 clarified that contributing shares received under the exemption to a holding is not an automatic ground for losing the relief, provided the donee keeps control of the holding and, through it, of the company for the required period. What counts, therefore, are the actual and documented purposes.

Gains from the sale, exchange or redemption of crypto-assets and other income from them are miscellaneous income (art. 67(1)(c-sexies) TUIR). From 1 January 2026 the substitute tax is 33%, while it remains 26% for e-money tokens denominated in euro (Law 207/2024, as amended by Law 199/2025). Crypto-assets must be reported in the RW section and, if they are not held with an Italian intermediary that applies stamp duty, they are subject to a 0.2% tax on their value. The step-up of crypto-asset values with a substitute tax was available for values at 1 January 2025, with an 18% substitute tax payable by 1 December 2025, in a single payment or as the first of three annual instalments; the 2026 Budget Law (Law 199/2025) did not renew it, and there is no step-up of crypto-assets at 1 January 2026.

As a rule yes, but there are two exceptions. If the company is a mere screen (sham interposition), the individual assets it holds are reported directly, as if owned by the shareholder, with IVIE and IVAFE on the real estate and financial assets. If instead the company is in a non-cooperative country and the shareholder is its beneficial owner (above 25%), the look-through approach applies: the value of the company's investments is reported in proportion to the holding, without IVIE and IVAFE. Countries that ensure exchange of information with Italy, for example through a tax treaty, such as Switzerland and the UAE, are cooperative.

A holding company owns and manages shareholdings in other companies. For tax purposes, dividends received by an Italian corporate holding are generally taxed on only 5% of their amount, and gains on shareholdings can be 95% exempt if the participation exemption requirements are met (art. 87 TUIR). Organisationally, it centralises control, separates assets from the risks of operating companies and prepares for succession. It is worth assessing where there are several operating companies, significant reinvestment or groups with foreign companies.

A holding company can collect dividends from subsidiaries with reduced taxation (95% excluded), reinvest them in the group and centralise financing and services. Through tax consolidation (arts. 117 ff. TUIR), profits and losses of Italian subsidiaries can be offset. Every choice must have genuine business and organisational reasons: transactions without substance can be challenged as abuse of law (art. 10-bis Law 212/2000). The running costs of the structure and the effect on the final taxation of individual shareholders must also be considered.

In many cases, yes. Contributing controlling shareholdings to a holding company, or qualifying shareholdings under certain conditions, can benefit from the "controlled realisation" regime (art. 177(2) and (2-bis) TUIR): the gain is measured on the value the holding assigns to the shares and may be nil. Demergers and contributions of a business also have tax-neutral regimes (arts. 173 and 176 TUIR). The conditions were amended by the 2024 tax reform and must be checked on the specific case, together with the business reasons for the transaction.

A pure (or passive) holding only owns and manages shareholdings. A financial holding also carries out financial activities for group companies, such as loans or centralised treasury; a mixed (or industrial) holding combines shareholding management with an operating business or services to subsidiaries. The distinction has tax effects, for example on IRAP and on the deductibility of interest expense (art. 162-bis TUIR), and regulatory effects: financial activity towards the public is reserved for authorised intermediaries. The form should reflect the functions the holding will actually perform.

The company becomes taxable in the new State. In Italy, exit tax applies (art. 166 TUIR, from 2027 art. 193 Legislative Decree 117/2026) on unrealised gains on assets not remaining in an Italian permanent establishment; payment in five instalments is possible only for moves to EU or EEA States with adequate exchange of information. If there is no genuine management abroad, the company may still be treated as Italian resident ("esterovestizione"), with recovery of taxes, interest and penalties. More: guide to moving tax residence between Italy and the UAE.

Since 2024 a company is resident in Italy if, for most of the tax year, it has its registered office, its place of effective management (where strategic decisions are taken) or its day-to-day management in Italy (art. 73 TUIR, as amended by Legislative Decree 209/2023). What matters is where decisions are actually made, not only where the board formally meets. A typical case is a foreign company whose directors or controlling shareholders live and work in Italy. More: guide to moving tax residence between Italy and the UAE.

It may be. Under art. 167 TUIR, the income of a foreign subsidiary is attributed to the Italian shareholder if its effective taxation is low and more than one third of its income is "passive" or comes from low value-adding intra-group services, unless it carries on a genuine economic activity. Taxation is not low if the subsidiary's financial statements are audited and certified and its effective tax rate on an accounting basis is at least 15%; if the statements are not certified, or the rate is below 15%, the test is whether its effective taxation is less than half the Italian rate (art. 167(4)(a) TUIR, as amended by Decree-Law 84/2025). With the 9% UAE corporate tax and free zone regimes the test needs care. Paragraph 4-ter, rewritten by Decree-Law 84/2025, allows the controlling shareholder to elect to pay an amount equal to 15% of the subsidiary's net accounting profit; the procedure is set out in Revenue Agency measure no. 106520 of 31 March 2026.

When a non-resident enterprise has a fixed place of business in Italy (office, branch, construction site beyond a certain duration) or acts through a person who habitually concludes contracts on its behalf (art. 162 TUIR and tax treaties). In that case the income attributable to Italy is taxed here, with accounting and filing obligations. The risk concerns, for example, managers or agents working permanently in Italy for foreign companies, including remotely. It must be assessed together with the treaty with the company's State.

It is a review of a company's tax position before an acquisition, investment, merger or generational handover. It examines tax returns, payments, disputes, transfer pricing, past extraordinary transactions and transferable tax attributes (losses, credits). The outcome is a list of risks with an estimate of their impact, used to negotiate price, warranties and indemnities in the contract, or to fix issues before the transaction.

As a general rule, mergers and demergers are tax-neutral for income tax purposes (arts. 172 and 173 TUIR): they do not trigger gains, but assets keep their previous tax values. A contribution of a business is neutral under art. 176 TUIR, with the option to step up values by paying a substitute tax; contributions of shareholdings follow arts. 175 and 177. Indirect taxes, loss carry-forwards, possible abuse of law and, for cross-border transactions, exit tax rules still need to be assessed.

Yes, within limits. Under art. 172(7) TUIR, the losses of companies taking part in a merger can be carried forward only up to their net equity, with specific rules on recent contributions, and only if the company passes the "vitality test" (revenue and personnel costs above 40% of the average of the two previous years). The rules were amended by Legislative Decree 192/2024 and also apply to excess interest expense. If the limits are not met, a ruling request can be filed to disapply them.

It depends on the objectives. In an asset deal (purchase of the business) the buyer records the assets at the price paid and can depreciate them, but pays registration tax; the seller is taxed on the gain. In a share deal the tax values of the assets do not change and past tax liabilities stay with the company, so due diligence and warranties are important; a corporate seller may benefit from the participation exemption. The comparison must be based on the figures and contractual terms of the transaction.

Content creators, influencers, developers and other digital professionals who work on a regular basis must register for VAT and choose the correct classification: self-employment or business, with consequences for taxes and social security contributions. With revenue up to €85,000 the flat-rate regime (regime forfetario) may be available if the requirements are met. VAT on fees from foreign platforms, payments in kind and, for those working abroad, tax residence must also be managed. Since 2025 there has been a specific ATECO activity code for influencer marketing (73.11.03); content creators may fall under different codes depending on their activity.

Joint-stock companies (S.p.A.) must always have their accounts audited. Limited liability companies (S.r.l.) must appoint a supervisory body or an auditor if they prepare consolidated accounts, control a company subject to audit, or exceed for two consecutive years at least one of the limits in art. 2477 of the Civil Code: total assets of €4 million, revenue of €4 million, an average of 20 employees. The auditor must be registered in the Register of Statutory Auditors.

For controlling shareholdings, a regime is low-tax if the subsidiary's effective tax rate is less than half the Italian one (art. 47-bis TUIR); the simplified test, passed with an effective tax rate on an accounting basis of at least 15%, applies only if the subsidiary's financial statements are audited and certified (art. 167(4)(a) TUIR, referred to by art. 47-bis). For non-controlling shareholdings the nominal rate counts. In these cases the dividends are taxable in full rather than on 5% only. If it is proven that the subsidiary carries on a genuine economic activity with staff, equipment and premises, the taxable portion falls to 50%; if it is proven that from the outset no income was shifted to that country, the ordinary regime applies again. The evidence can be given through a ruling request or in the tax return.

Law 199/2025 had provided that, from 2026, the 95% exclusion for corporate dividends and capital gains would apply only to shareholdings of at least 5% or with a tax value of at least €500,000. These thresholds were repealed with retroactive effect from 1 January 2026 by art. 11 of Decree-Law 38/2026, converted by Law 88/2026: for companies, the previous regime therefore applies again, with a 95% exclusion for dividends and, where the participation exemption requirements are met, capital gains. For individuals, the option to step up the value of shareholdings with a 21% substitute tax remains confirmed.

They are different challenges with different effects. In a residence claim (esterovestizione), the tax authorities argue that a company incorporated abroad is resident in Italy because its place of effective management or day-to-day management is here (art. 73 TUIR): the company is taxed in Italy on all its income. In an interposition claim, they argue that the company is a mere screen and that the income actually belongs to the individual shareholder, who must report it as their own. In both cases substance counts: who decides, where, with what means and with what autonomy. Corporate documentation consistent with actual operations is the first line of defence. More: guide to moving tax residence between Italy and the UAE.

Yes, unless proven otherwise. Art. 73(5-bis) TUIR presumes Italian residence for foreign companies and entities holding controlling interests in Italian companies when they are controlled, even indirectly, by Italian residents, or are managed by a board made up mainly of residents. The presumption shifts to the taxpayer the burden of proving where strategic decisions are actually taken and where day-to-day management takes place: where meetings are held, the residence and actual role of the directors, and the holding's resources and staff. The issue often affects people who move abroad while keeping Italian companies. More: guide to moving tax residence between Italy and the UAE.

Art. 166-bis TUIR, the so-called entry tax, applies. If the business comes from an EU Member State or a country ensuring adequate exchange of information, the assets and liabilities transferred take market value in Italy, provided it is determined according to transfer pricing criteria. In other cases market value is recognised only if agreed with the Revenue Agency through an international ruling; otherwise the lowest of cost, book value and market value applies. For significant transactions a valuation report can help document the starting values consistently with those declared in the country of origin.

Art. 6 of Legislative Decree 209/2023 provides, for activities moved to Italy from outside the EU and EEA, a 50% exclusion of the income from the returning activity for the tax year of the transfer and the following five. The relief also applies for IRAP purposes and is clawed back, together with interest on the unpaid tax, if within the five tax years following the end of the regime (ten for large enterprises) the activity is moved out of Italy again, even partly. Activities carried on in Italy in the 24 months before the transfer are excluded. The incentive is subject to European Commission authorisation: as of June 2026 the authorisation had not yet been granted and the Government was considering changes to the measure. Before relying on it, its actual availability and operating rules, including the scope of the clawback, must be checked against the specific case.

No. Legislative Decree 87/2024 reduced many administrative penalties: for example, an inaccurate tax return is now penalised at 70% of the additional tax (previously 90% to 180%) and failure to file at 120%. The new measures, however, apply only to violations committed from 1 September 2024. In 2025 the Court of Cassation upheld this choice, holding that for tax penalties the principle of the more favourable treatment operates within the limits set by the legislature; the issue nonetheless remains debated. In audits of earlier years the previous penalties therefore apply, subject to the outcome of any settlement schemes.

Federal corporate tax (Federal Decree-Law No. 47/2022) applies to financial years starting on or after 1 June 2023. The rate is 0% on taxable income up to AED 375,000 and 9% on the excess. Dividends and gains on shareholdings are exempt if the holding is at least 5%, has been held for at least twelve months and the subsidiary is subject to tax of at least 9%, with some exceptions. The UAE levies no withholding tax on dividends, interest and royalties paid abroad. Large multinational groups are also subject to the 15% domestic minimum top-up tax. Specific rules apply to free zones, small businesses and foundations.

The UAE has no personal income tax: salaries, personal investment income and rent from properties held personally are not taxed. An individual falls within corporate tax only if they carry on a business or professional activity in the UAE with turnover above AED 1 million in the calendar year (Cabinet Decision No. 49/2023). VAT, generally at 5%, and some indirect taxes and excise duties apply. For an Italian who has moved, the main issue is therefore whether the foreign residence holds up against Italy, not the local tax burden.

Only if it has "qualifying free zone person" status and only on qualifying income. The main conditions are: adequate substance in the free zone (staff, premises, expenditure), income from qualifying activities or from free zone persons, transfer pricing compliance, audited financial statements and no election for the ordinary regime. Non-qualifying income is tolerated within a de minimis threshold equal to the lower of 5% of total revenue and AED 5 million. If a condition is not met, the company is taxed at 9% for that period and the following four. Incorporation in a free zone alone is therefore not enough.

It is an optional regime allowing resident persons with revenue of no more than AED 3 million, in the tax period and previous periods, to be treated as having no taxable income. It was initially limited to periods ending by 31 December 2026; Ministerial Decision No. 131/2026 extended it to periods ending by 31 December 2029. Qualifying free zone persons and members of large multinational groups are excluded, and the authorities can challenge the artificial splitting of a business to stay below the threshold. Registration and the annual return are still required.

Yes, through a Domestic Minimum Top-up Tax introduced by Cabinet Decision No. 142/2024 for financial years starting on or after 1 January 2025. It applies to UAE entities of multinational groups with consolidated revenue of at least €750 million in at least two of the four preceding years: if the effective tax rate in the UAE is below 15%, the difference is collected locally. For these groups, the 9% rate and the free zone regimes no longer, in themselves, result in a lower tax level. Smaller businesses remain subject to the ordinary corporate tax rules.

Not for recent financial years. The Economic Substance Regulations, introduced in 2019 and linked to the UAE's removal from the EU list of non-cooperative jurisdictions, were amended by Cabinet Decision No. 98/2024, which removed their obligations (notifications and reports) for financial years ending after 31 December 2022. Substance nonetheless remains decisive for other reasons: it is a condition of the free zone regime, the Italian tax authorities assess it in residence, interposition and low-tax dividend cases, and treaties require it before granting benefits. Staff, premises and decisions taken in the UAE should therefore still be documented.

Foundations set up in ADGM, DIFC or RAK ICC are legal entities and, in principle, subject to corporate tax. Article 17 of Federal Decree-Law No. 47 of 2022, however, allows family foundations to apply to the Federal Tax Authority to be treated as tax transparent if they manage assets for identified or identifiable individuals (or public benefit entities), carry on no business activity and do not have tax avoidance as their main purpose; further conditions are set by Ministerial Decision No. 261 of 2024. For Italian purposes, in the absence of specific official guidance, the classification must be examined case by case: depending on the founder's powers and the beneficiaries' rights, the foundation could be treated like a trust, a foreign entity or as interposed. RW reporting and inheritance tax also come into play.

Federal Decree-Law No. 20/2025 amended the Commercial Companies Law, introducing, among other things: classes of shares with different economic and voting rights, easier conversion between company forms, valuation of in-kind contributions by qualified valuers, recognition of drag-along and tag-along clauses and private placements for private joint-stock companies. The reform also makes it easier to move companies between the mainland and free zones. For Italian groups and investors, these changes widen structuring options, but each transaction must be coordinated with its Italian tax effects, for example on residence, contributions and tax values.

That is the expected direction. On 21 July 2025 the UAE signed the multilateral competent authority agreement for the OECD Crypto-Asset Reporting Framework (CARF): crypto-asset service providers will have to collect customer data from 1 January 2027, with the first exchange of information expected in 2028. Within the EU similar rules have applied since 2026 under the DAC8 directive. For Italian residents, crypto-assets held in the UAE must in any case be reported in the RW section and taxed in Italy: automatic exchange will simply make it easier for the authorities to identify any omissions.

Besides the treaty with the UAE, treaties are in force with Kuwait (since 1993), Oman (since 2002), Saudi Arabia (since 2009) and Qatar (since 2011); there does not appear to be a treaty in force with Bahrain. Local tax systems differ widely: in Saudi Arabia, for example, companies are subject to income tax on the share attributable to non-Saudi or non-GCC shareholders and to zakat on the share of Saudi and GCC shareholders. For transactions and investments in the region, residence, permanent establishment, withholding taxes and access to treaty benefits must therefore be checked case by case.

From tax year 2024 Switzerland is no longer on the list in the Ministerial Decree of 4 May 1999, having been removed by the Decree of 20 July 2023: an Italian citizen who moves there is no longer presumed to remain resident in Italy under art. 2(2-bis) TUIR. The ordinary tests of art. 2 TUIR (residence, domicile and presence for most of the year) still apply. In dual-residence cases, to apply the criteria of the Italy–Switzerland treaty (permanent home, centre of vital interests, habitual abode), concrete evidence of a genuine move is needed. The treaty also provides, for people who move permanently, for splitting the year of the move. In Switzerland taxation depends on the canton and on regimes such as lump-sum taxation based on expenditure, reserved for those not working there. More: guide to moving tax residence between Italy and the UAE.

First-pillar (AVS/AI) and second-pillar (occupational LPP) benefits received by Italian residents are subject to a 5% substitute tax. In the past the 5% withholding applied only if the payments went through an Italian intermediary; under the 2023 Budget Law (Law 197/2022) the 5% tax also applies when the payments are received directly and declared in the tax return. The rule has retroactive effect from 2015 but does not allow refunds of tax already paid. The same treatment applies to certain pension benefits from the Principality of Monaco. The third pillar follows different rules.

Monaco does not levy income tax on resident individuals, except for special rules for French nationals, and does not tax personal dividends and capital gains. For Italy, however, the Principality is on the list in the Ministerial Decree of 4 May 1999, so an Italian citizen who moves there is still presumed resident unless proven otherwise. There is no double tax treaty between Italy and Monaco. However, the tax information exchange agreement signed in 2015 and in force since 2017 (Law 231/2016) includes, in art. 12, dual-residence tie-breakers similar to art. 4 of the OECD Model; how they apply against the presumption is not settled. Actual housing, physical presence and family and economic interests must be documented with particular care. More: guide to moving tax residence between Italy and the UAE.

Since 6 April 2025 the UK has abolished the resident non-domiciled regime. UK inheritance tax is now also residence-based: anyone who has been UK resident for at least 10 of the previous 20 tax years is subject to it on their worldwide estate. After leaving, exposure continues for 3 to 10 tax years, depending on the years of UK residence in the previous 20 tax years: 3 years for those resident for 10 to 13 years, one more year for each additional year of residence, up to 10 years for those resident for all 20. People moving to Italy, perhaps under the new-residents regime, must therefore coordinate Italian tax with the UK tax. The 1966 Italy–UK convention applies only on death, not to lifetime gifts, and allocates assets based on common-law domicile, without regard to the new long-term residence rules: the interaction must therefore be checked case by case.

Yes. In addition to the ordinary wealth tax, Spain levies the temporary solidarity tax on large fortunes, extended with no end date: it applies to net wealth above €3 million, with a €700,000 allowance and rates from 1.7% to 3.5%. Non-residents are subject to it on assets located in Spain. In Italy the same property is subject to IVIE, against which a credit can be claimed for the wealth tax paid in the country where the property is located, up to the IVIE due. Spanish regional rules and holding through a company can change the result significantly.

Under the participation exemption regime, dividends and liquidation proceeds are exempt if the holding has held, for at least twelve uninterrupted months, a direct shareholding of at least 10% or with a cost of at least €1.2 million; for capital gains the cost threshold is €6 million. Under the same conditions, the 15% Luxembourg withholding tax on dividends paid to the holding does not apply. Luxembourg case law has clarified that contributions to "account 115", i.e. contributions without the issue of new shares, do not count towards the cost of the shareholding for these thresholds. For an Italian shareholder, substance, the holding's residence and the dividend rules remain central.

The Parent-Subsidiary Directive (2011/96/EU), implemented in Italy by art. 27-bis of Presidential Decree 600/1973, allows no withholding tax on dividends paid to an EU parent company holding at least 10% for at least one year and subject to tax in its own State. The directive, however, contains an anti-abuse clause. In its judgment of 3 April 2025 (case C-228/24) the EU Court of Justice clarified that the exemption may be denied even if the company is not a mere conduit, but only if the arrangement is not genuine and aims at a tax advantage contrary to the purposes of the directive, assessing the company's entire life and the tax rates involved.

The proposal, presented by the European Commission in December 2021, provided for minimum substance indicators for companies with mainly passive income and the loss of treaty and directive benefits for those lacking substance. In June 2025 the Council noted that work on the proposal would not continue, and the Commission, in its 2026 work programme, announced its withdrawal; as of October 2026 the withdrawal does not appear to have been published in the Official Journal of the EU. Substance remains a live issue, however: tax authorities continue to rely on the anti-abuse clauses in directives and treaties, on domestic rules on foreign-company residence and interposition, and on the Court of Justice's case law on non-genuine arrangements.

Directive (EU) 2022/2523, implemented in Italy by Legislative Decree 209/2023, covers groups with consolidated revenue of at least €750 million in at least two of the four preceding years. If the effective tax rate in a country is below 15%, a top-up tax is due: the domestic minimum tax and the income inclusion rule apply from 2024, the undertaxed profits rule from 2025. In January 2026 the OECD approved a package that, among other things, recognises a "side-by-side" system for groups whose ultimate parent entity is located in a country with a "qualified side-by-side regime"; in a notice of 12 January 2026 the European Commission indicated how it applies in the EU within the framework of the existing directive. In Italy, Legislative Decree 148/2026 (art. 11) introduced the new regimes in art. 39-bis of Legislative Decree 209/2023, applicable on election to fiscal years starting on or after 1 January 2026: under the qualified side-by-side regime the income inclusion rule and the undertaxed profits rule top-up taxes are reduced to zero, while the domestic minimum tax still applies. The details are left to a decree of the Minister of Economy and Finance, due within 90 days of 12 August 2026 and not yet published as of 24 October 2026. The effects for individual groups must be checked case by case.

Directive (EU) 2023/2226, transposed in Italy by Legislative Decree 194/2025, extends automatic exchange of information to crypto-assets: from 1 January 2026 service providers must collect data on customers and transactions, which will be sent to the tax authorities of the States of residence, with the first exchange expected in 2027. The directive also strengthens the rules on the foreign tax identification number to be included in reports and brings certain cross-border rulings concerning high-net-worth individuals within the exchange. For Italian residents it therefore becomes even more important that the RW section is consistent with the information received from abroad.

On 18 March 2026 the European Commission proposed "EU Inc.", an optional limited liability company form governed by uniform rules across the Union (the so-called "28th regime"). The proposal provides for quick online incorporation, no minimum capital, dematerialised shares, digital procedures for shareholder decisions and a European stock option scheme. EU Inc. does not, however, introduce a common tax system: national rules on tax residence, permanent establishment and income allocation continue to apply. The proposal, a regulation, requires approval by the European Parliament and the Council; when it was presented, the Commission was aiming for an agreement by the end of 2026. On 23 October 2026 the Council adopted its negotiating position; the European Parliament has not yet adopted its own, and negotiations between the two institutions can start only after that.

Transfer pricing concerns the prices and terms of transactions between group companies resident in different countries: sales of goods, services, royalties, loans, guarantees. Under art. 110(7) TUIR they must match those that independent enterprises would have agreed in comparable circumstances (the arm's length principle). The rule applies to cross-border transactions with associated enterprises; the implementing guidelines are in the Ministerial Decree of 14 May 2018, which refers to the OECD Guidelines.

Documentation is not mandatory, but it is generally useful for Italian companies with cross-border intra-group transactions. If the company prepares a Masterfile and local file under the Revenue Agency measure of 23 November 2020 and reports this in its tax return, the inaccurate-return penalty does not apply if prices are adjusted (art. 1(6) Legislative Decree 471/1997): this is "penalty protection". The additional tax and interest remain due. Without suitable documentation the inaccurate-return penalty is 70% of the additional tax (minimum €150), for violations from 1 September 2024.

The Masterfile describes the group: structure, business, value chain, intangibles, intra-group financing, transfer pricing policy and agreements with tax authorities. The local file (Documentazione nazionale) describes the Italian company: organisation, business, transactions with affiliates, comparability and functional analysis, chosen method and results, with attachments such as intercompany agreements and advance pricing agreements. Both follow the structure of the 23 November 2020 measure, consistent with the OECD Guidelines.

It must be written in Italian (the Masterfile may be in English), prepared for each tax year, and signed by the legal representative or a delegate with an electronic signature and time stamp by the filing date of the tax return. It must be delivered to the authorities within 20 days of request, with any additional information within 7 working days. Small and medium-sized enterprises (turnover up to €50 million, not part of larger groups) may skip updating the comparables for two years if circumstances do not change significantly.

The most appropriate method for the case is chosen among comparable uncontrolled price (CUP), resale price, cost plus, transactional net margin method (TNMM) and profit split. Under the 2018 Ministerial Decree, where methods are equally reliable, the traditional methods (CUP, resale price, cost plus) are preferred to TNMM and profit split and, among all, CUP is preferred; if the company has chosen its method correctly, the audit must be based on that method. A simplified approach with a 5% mark-up on costs is available for low value-adding intra-group services. The choice must be explained in the documentation, including why other methods were rejected.

It is the analysis that identifies, in public or commercial databases, independent companies or transactions comparable to the group's, in order to set a market range of prices or margins. It covers the search criteria (industry, functions, region, size), a reasoned selection of comparables and the calculation of the arm's length range. If the company's result falls outside the range, the 2018 Ministerial Decree provides that the tax authorities adjust it to bring it back within the range, unless the company proves that the transaction is nonetheless at arm's length; the Decree does not specify the point in the range to which the adjustment is made. The study should be updated periodically.

Because the contract is the starting point of the analysis: it defines the services, the risks borne by each party, the price or pricing formula, and the payment and adjustment terms. In an audit the authorities compare the contract with the companies' actual conduct; an agreement consistent with real functions and risks makes it easier to demonstrate arm's length pricing. It is useful for central services, management fees, trademark and patent licences, loans, guarantees and cash pooling.

The Revenue Agency or the Guardia di Finanza request the documentation, which must be delivered within 20 days, and examine the functional analysis, method and comparables. The tax office must prove the elements showing a departure from arm's length (art. 7(5-bis) Legislative Decree 546/1992); the company has an interest in documenting, with a functional analysis and comparables, that its prices comply with the arm's length principle. A prior adversarial procedure takes place before the assessment (art. 6-bis Law 212/2000). The dispute can be settled through accertamento con adesione or brought before the tax court. To remove double taxation, mutual agreement procedures under tax treaties or EU rules can be used.

Yes, through an advance pricing agreement (APA) under art. 31-ter Presidential Decree 600/1973. It may be unilateral, with the Revenue Agency only, or bilateral or multilateral, involving the authorities of other States. The agreement sets methods and criteria in advance for several years and reduces the risk of disputes; it does, however, require a thorough review and a willingness to share information with the authorities.

It is the report that multinational groups with consolidated revenue of at least €750 million in the previous year must file (art. 1(145)-(146) Law 208/2015). For each jurisdiction it shows revenue, profit before tax, taxes paid and accrued, capital, employees and activities. Tax authorities exchange it and use it to assess transfer pricing risks. The report does not replace the Masterfile and local file.

Yes. With corporate tax the UAE introduced transfer pricing rules aligned with the OECD Guidelines (arts. 34-36 of Federal Decree-Law No. 47/2022): transactions with related parties and connected persons, such as shareholders and directors, must comply with the arm's length principle. Ministerial Decision No. 97/2023 requires a master file and local file from taxpayers with revenue of at least AED 200 million or belonging to multinational groups with consolidated revenue of at least AED 3.15 billion; above certain thresholds a disclosure form must also be filed with the return. Intra-group policies with Italian companies therefore need to be coordinated on both sides.

Because compliance with transfer pricing rules is one of the conditions for keeping "qualifying free zone person" status and the 0% rate on qualifying income. If a free zone company sells goods or services to an Italian group company at non-market prices, the risk is twofold: in the UAE it may lose the preferential regime, with effects over several years; in Italy the tax authorities may adjust the price and, in more serious cases, claim that the company is actually Italian-resident or has a permanent establishment. Each company's functions, risks and assets must be consistent with its remuneration and with the documentation prepared in Italy.

As court-appointed technical expert (CTU), the accountant is appointed by the judge to answer technical questions: reconstructing financial statements and taxes, valuing a business or a shareholding, checking a share exchange ratio, quantifying damages. The expert works with both parties present and files a report that the judge assesses freely. As party expert (CTP), the accountant assists one party: follows the CTU's work, submits observations and documents and helps the lawyer on technical issues, including before litigation with a party report. More: guide to the court-appointed expert (CTU) and party expert (CTP).

The CTU assists the judge: appointed by the court, takes an oath, must be impartial and can be challenged by the parties. The CTP is an adviser chosen by a party (art. 201 Code of Civil Procedure): presents that party's technical position, takes part in the expert operations and comments on the CTU's draft report. The CTU's fee is set by the judge; the CTP's fee is agreed with the party. The same professional cannot act as CTU and CTP in the same case. More: guide to the court-appointed expert (CTU) and party expert (CTP).

Dott. Pietro Cumpostu is listed in the Register of Court-Appointed Technical Experts of the Court of Milan, civil section, under no. 16302. The listed areas are: transfers of businesses and shareholdings, tax law, mergers, demergers and corporate transformations, statutory audit, business valuations and complex asset portfolios. In these areas he may be appointed by a judge as CTU or engaged by a party as party expert, subject to the rules on conflicts. More: guide to the court-appointed expert (CTU) and party expert (CTP).

The judge appoints the CTU, sets the questions and the deadlines; after the 2022 civil procedure reform the oath can be given by a written statement filed electronically (art. 193 Code of Civil Procedure). The CTU announces the start of operations, gathers documents and meets the parties and their experts. The CTU then sends a draft report, receives the parties' observations and files the final report with a brief assessment of those observations (art. 195). The judge may ask for clarification or order a new report. More: guide to the court-appointed expert (CTU) and party expert (CTP).

Yes. Italian tax courts may order an expert report when they need technical knowledge of particular complexity (art. 7(2) Legislative Decree 546/1992). From 1 January 2027 the rule is contained in art. 52 of the Consolidated Act on Tax Justice (Legislative Decree 175/2024). Parties may be assisted by their own technical experts. Expert reports are common in transfer pricing, valuations in extraordinary transactions and the reconstruction of revenue and costs. More: guide to the court-appointed expert (CTU) and party expert (CTP).

It is needed, for example, for contributions in kind to companies (arts. 2343 and 2465 Civil Code), the payout to a withdrawing shareholder (arts. 2437-ter and 2473), mergers and demergers, sales of shares or businesses, generational handovers and disputes between shareholders or heirs. Common methods are asset-based, income-based, mixed, financial (discounted cash flow) and market methods (multiples and comparable transactions). The choice depends on the business, the available data and the purpose; a sound report explains its assumptions and cross-checks results with more than one method. More: guide to the court-appointed expert (CTU) and party expert (CTP).

Fill in the form on the Request a Tax Consultation page, stating the type of client, country of residence, subject and a short description of the matter; alternatively write to [email protected] or call the number shown on that page. After a preliminary assessment you will be contacted to arrange a first meeting, if the request falls within the areas covered. All information received is treated confidentially.

Meetings can take place at the office in Via Senato 12, Milan, at the client's premises or by video call, including for people living abroad, for example in the United Arab Emirates. Advice is available in Italian and English. Documents and opinions can be prepared in the agreed language; filings with the Italian tax authorities normally still need to be in Italian.

High-net-worth individuals and families, Italian and international companies, holding companies and family offices, groups operating in several countries, and lawyers and parties who need a technical expert in litigation. Dott. Pietro Cumpostu is an Italian Chartered Accountant (ODCEC Milan, section A, no. 10013), Statutory Auditor (Register of Statutory Auditors, no. 181662) and court-appointed expert of the Court of Milan (Register of Court Experts, civil section, no. 16302), and a Partner at Fidinam & Associati Multidisciplinare S.t.A. S.r.l.

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