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Italy

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Tax authorities

Agenzia Entrate
Via Cristoforo Colombo n. 426 C/D, 00145 Rome
Tel: +3906-96668933
Website: www.agenziaentrate.gov.it
Website in English: www1.agenziaentrate.it/inglese/

Tax rates at a glance

(As of September 8 2011) 

Corporate Income Tax 27.5% (a)
Capital Gains Tax 0%/1.375%/27.5% (b)
Branch Tax 27.5% (a)
 
Withholding Tax
Dividends 0%/1.375%/12.5%/27% (c)(d)
Interest 0%/12.5%/27% (e)(f)
Royalties from Patents, Know-how, etc. 0%/22.5%/30% (f)(g)
Branch Remittance Tax 0
 
Net operating losses (years)
Carryback 0
Carryforward 5 (h)
  • The corporate income tax (imposta sul reddito delle società, or IRES) rate is 27.5%. A 6.5% surcharge (increasing the effective tax rate to 34%) is imposed on oil, gas and energy companies with revenues of more than €25 million ($35 million). A regional tax on productive activities (imposta regionale sulle attività produttive, or IRAP) is imposed on the net value of production.
  • The 1.375% capital gains tax rate is the effective tax rate resulting from the application of the corporate tax rate of 27.5% to a 5% tax base under the participation exemption regime.
  • Withholding tax is not imposed on dividends paid to resident companies. The 12.5% rate applies to dividends paid to resident individuals with nonsubstantial participations. The 27% rate applies to dividends paid to nonresidents. Nonresidents may be able to obtain a refund of the withholding tax equal to the amount of foreign tax paid on the dividends. However, the maximum refund is four-ninths of the withholding tax paid. Tax treaties may provide for a lower tax rate. A 1.375% rate applies under certain circumstances. If either a treaty or the 1.375% rate applies, the four-ninths tax refund cannot be claimed.
  • Under the EU Parent-Subsidiary Directive, dividends distributed by an Italian subsidiary to an EU parent company are exempt from withholding tax, if among other conditions, the recipient holds 10% (this percentage is effective from 2009) or more of the shares of the subsidiary for at least one year.
  • The 0% withholding tax rate on interest applies to interest derived by nonresidents on the white list from treasury bonds, bonds issued by banks and listed companies (if maturity is at least 18 months), nonbank current accounts and certain cash pooling arrangements. The term listed refers to a listing on the Italian exchange, or on an official exchange of an EU or European Economic Area (EEA) country. Such exchanges are also included in the Italian white list. The 12.5% rate applies to interest derived by residents and nonresidents not on the white list from loans in general (including, in principle, cash pooling) and on treasury bonds and corporate bonds (if maturity is at least 18 months). In general, the 27% rate applies to interest paid on deposit certificates, bank accounts and corporate bonds (if maturity is less than 18 months). It also applies to loan interest paid to a tax-haven recipient (that is, a recipient located in a black list jurisdiction). For resident individuals carrying on business activities in Italy and resident companies, the interest withholding taxes are advance payments of tax. For other resident individuals and nonresident individuals and companies, the interest withholding taxes are final taxes. Under the 2008 Budget Law, the above-mentioned black list and white list will be replaced by a new white list (the primary criterion for inclusion on the new white list will be the effective exchange of information with the Italian tax authorities).
  • No withholding tax is imposed on interest and royalties paid between associated companies of different EU member states if certain conditions are met.
  • The withholding tax rate of 30% applies to royalties paid to nonresidents. However, in certain circumstances, the tax applies to 75% of the gross amount, resulting in an effective tax rate of 22.5%. These rates may be reduced under tax treaties.
  • Loss carryforwards are allowed only for corporate income tax purposes. Losses incurred in the first three tax years of an activity may be carried forward indefinitely. Anti-abuse rules may limit loss carryforwards.

Source: Ernst & Young

Tax

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Though the phenomenon is widespread across Europe perhaps nowhere else are the comments on the aggression of the tax authorities more commonplace than in Italy. The result? More tax audit and tax litigation work for advisers. "We are experiencing a boom ... [more]

Maisto e Associati is viewed by the market as the best of the smaller tax-only firms in Italy. "I believe they will always be a tier one firm in Italy. They are brilliant," said one partner.The practice's strengths go beyond the complexity of the matters ... [more]

Vitali Romagnoli Piccardi e Associati's tax practice is one of the strongest tax firms in Italy. A number of their tax practitioners are singled out as leaders in their fields. Dario Romagnoli and Lorenzo Piccardi are mentioned for their corporate tax ... [more]

Andrea Silvestri leads a team of 25 professionals at Bonelli Erede Pappalardo. He is one of many professionals at the practice who is referred to as a leading figure in the Italian tax market, in particular with regards to cross-border structuring. Andrea ... [more]

Chiomenti Studio Legale's tax practice is led by Paolo Giacometti. He heads a large team of 20.The tax practice is very strong, evidenced by the fact that about half of its work is self-generated. The team provides an impressive range of tax services, ... [more]

Studio Tributario e Societario Deloitte's tax practice consists of around 300 fee earners. Carlo Bindella heads the tax practice.As part of the Deloitte network the group can offer a full range of tax services acrosss the different service lines. Of ... [more]

The team at Di Tanno e Associati is led by the Tommaso Di Tanno, who is singled out by his peers as a leading cross-border structuring practitioner. A number of other professionals are highly regarded as leading practitioners: Stefano Chirichigno and ... [more]

Allen & Overy's tax practice is led by Francesco Guelfi and comprises eight professionals. Francesco Bonichi, the only other partner, is regularly singled out by his peers for his capital markets and financial products work.The practice is viewed by ... [more]

Studio Professionale Associatio a Baker & McKenzie's tax practice is large relative to the rest of the market, comprising seven partners and 15 fee-earners. The group is led by Massimo Giaconia. Competitors view the practice as very strong in the field ... [more]

CMS Adonnino Ascoli & Cavasola Scamoni joined the CMS network in 2002. The tax practice comprises 16 professionals including eight partners. Pietro Adonnino is often mentioned for tax litigation; Fabio Aramini is highly thought of for both corporate ... [more]

The tax team at Studio Legale Tributario Ernst & Young comprises 300 fee earners. Domenico Borzumato has joined from Hogan Lovells where he was the global head of transfer pricing. The group is structured across six main service lines under the leadership ... [more]

Fantozzi e Associati - Taxand comprises 12 partners, seven in Rome, four in Milan and one in Lugano. Pietro Bracco was made partner this year and specialises in taxation of the energy sector; Lucia Montecamozzo, who focuses on tax litigation, was also ... [more]

Renato Paternollo heads a team of seven at Freshfields Bruckhaus Deringer. He is held in high regard by his peers. "He is very active on the market and perhaps does not get the credit that his reputation should warrant," said one partner.The team is ... [more]

K Studio Associato, an affiliate of KPMG, is regarded by the market as possibly having the strongest tax practice of the big-four accounting firms in Italy. Vincenzo Donnamaria leads a team of around 290 fee earners. Gianni De Robertis is mentioned by ... [more]

Macchi di Cellere Gangemi's tax practice has seen a growth in litigation this year. The group is headed by Bruno Gangemi, who is one of the most experienced tax professionals in Italy. Arnaldo Salvatore is praised for his indirect tax work.The firm has ... [more]

NCTM is viewed by the market as having one of the strongest tax teams among the Italian law firms. "Piermauro Carabellese is leading a strong and well integrated team" said one partner. Unlike some other law firms tax makes up a substantial part of the ... [more]

The tax practice at Pirola Pennuto Zei & Associati is led by Giuseppe Pirola. The team is a big one, consisting of more than 350 advisers, including 47 partners in nine different offices throughout Italy. The practice provides a broad range of tax services ... [more]

Salvini Escalar e Associati - Studio Legale Tributario fondato da F Gallo is a law firm that specialises solely in tax. The practice comprises three partners and 15 other tax professionals. Partner Gabriele Escalar is regularly mentioned for capital ... [more]

Studio Tributario Associato Facchini Rossi Scarioni's tax practice comprises eight feeearners, including three partners. Partner Luca Rossi is singled out by his peers as a leading figure in the field of corporate tax.This year the group advised BC Partners ... [more]

TLS Associazione Professionale di Avvocati e Commercialisti, the legal firm of PwC in Italy, has about 370 tax professionals in total.The practice is structured across eight main sub-service lines. The M&A group, led by Nicola Broggi and the international ... [more]

Luigi Belluzzo leads a team of five partners and 10 fee earners at Belluzzo & Associati.The group's main focus is international tax, especially for medium-sized companies that are looking to expand abroad. About 70% of the group's work is outbound. The ... [more]

Vania Petrella leads a team of three at Cleary Gottlieb Steen & Hamilton. The tax practice has a larger market presence than its size would suggest and advises on a range of Italian and cross-border tax matters including M&A, capital markets, financial ... [more]

DLA Piper's tax practice is led by Maricla Pennesi. Eight fee-earners make up the team. The group has particular expertise in international tax matters and litigation. The split between structuring and tax disputes work within the group is roughly 50-50.Last ... [more]

Gianni Origoni Grippo & Partners's tax practice has grown to 15 practitioners in their Milan and Rome offices. Luciano Acciari, previously of Di Tanno e Associati, is well known in the market for his M&A work. Marco Frulio is also mentioned for indirect ... [more]

Hogan Lovells's tax practice is led by Fulvia Astolfi, who is also co-head of the firm's global practice.Though the practice has seen a shift towards more litigation in the last few years, the corporate tax practice remains strong and the team has advised ... [more]

McDermott Will & Emery's tax team offer services across all areas of tax. Carlo Paolella leads a team of seven. The bulk of the practice's work is split between corporate and tax disputes.This year the group advised a large US-based Italian multinational ... [more]

Piergiorgio Valente heads a team of 39 fee earnersat Valente Associati Studio Legale Tributario. The practice represents mainly large industrial companies in cross-border issues. Most of their work consists of tax planning and transfer pricing.This year ... [more]

Paola Flora heads a team of four at Studio Legale Associato ad Ashurst.In 2010 the tax team advised on the $2billion refinancing of the Merlin group following the investment of CVC Capital Partners. This was a complex matter involving two mergers and ... [more]

CBA Studio Legale e Tributario has a large tax team of about 100 professionals. The team is headed by Giorgio Iacobone.The practice provides a broad range of tax services including tax planning, transfer pricing, corporate tax and due diligence. The ... [more]

Clifford Chance's tax practice is based in their Milan office and is led by Carlo Galli, who is mentioned by his peers as a leading figure in capital markets and financial products.The practice provides a broad range of tax services including M&A, banking ... [more]

Jones Day's tax practice is based in Milan and is led by Marco Lombardi. He is mentioned as a leading figure in the Italian tax market and heads a team of four professionals.The tax practice is particularly strong in the areas of M&A, group restructuring ... [more]

Legance's tax practice was formed in January 2007 by a mixture of professionals from Gianni Origoni Grippo & Partners and Chiomenti Studio Legale. The team has grown to eight professionals. The practice is headed by Claudia Gregori and Marco Graziani.The ... [more]

Studio Uckmar is one of the oldest tax boutiques in Italy and is led by Victor Uckmar. He is highly respected within the market and serves as emeritus professor at the University of Genoa, among other academic posts.The practice is split between Genoa, ... [more]

Watson, Farley & Williams, a new entry this year, is led by Rafaelle Villa, who joined this year from Di Tanno e Associato. The group specialises in the cross-border structuring of private equity operations and corporate restructuring. The practice also ... [more]

See also

Italy
Western Europe

Firm contact details