Italy: Advance ruling for new investments in light of the recent clarifications provided by tax authorities

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Italy: Advance ruling for new investments in light of the recent clarifications provided by tax authorities

vannucci.jpg
massimiano.jpg

Michele Vannucci

Aurelio Massimiano

Circular No. 25/E, issued by the Italian tax authorities, has provided further clarifications on the advance ruling on new investments introduced by Legislative Decree No. 147 provided on September 14 2015, confirming its remarkable appeal for Italian and foreign investors.

Firstly, the Circular (which was issued on June 1 2016) has provided an extensive interpretation of the notion of eligible investors that includes individuals, partnerships, companies, trusts or other entities carrying on business activities.

Moreover, the Circular specified that individuals and other entities which do not carry on business activities may also apply for the new ruling provided that the investment implies the carrying out of a business activity or results in the participation in the equity of an Italian business entity (i.e. via asset deals or share deals). Furthermore, the Circular expressly includes collective investment vehicles subject to surveillance as well as groups of companies including, among the others, joint ventures, consortia and business districts.

It is also worth noting that the Circular has expressively extended the notion of eligible investment to leveraged buy-out acquisitions and has provided further clarifications relevant to the investment requirements. In particular, as regards the value of the investment, the Circular has clarified that the threshold of €30 million may be met in more than one year. Whereas, as regards the requirement that the investment must have a significant and long-lasting impact on employment levels, the Circular has specified that the requirement is met also where the investment secures already existing job positions threatened by financial crisis.

The appeal of the new ruling also relates to its comprehensive nature. By means of a single advance ruling, taxpayers may now obtain certainty on the tax treatment applicable to investment plans, on the absence of any abusive behaviors, on the fulfilment of requirements needed to exclude the application of anti-avoidance provisions or on the eligibility for specific tax regimes.

In this regard, the Circular clarified that taxpayers may also seek confirmation that the investment does not constitute a permanent establishment, both for direct tax and VAT purposes. Transfer pricing is not included in the scope of the new ruling, meaning taxpayers must apply using the ordinary APA procedure.

In terms of procedural rules, the tax authorities shall answer to the ruling request within 120 days as from its submission or, should additional documentation is requested, within 90 days as from such documentation is collected. If no answer is given within such deadlines, the interpretation proposed by the taxpayer is deemed to be accepted.

Furthermore, the ruling outcomes are binding on the tax authorities and may not be amended (barring certain conditions). Finally, taxpayers conforming to the ruling outcomes may also take advantage of the cooperative compliance regime irrespective of their turnover threshold.

Michele Vannucci (m.vannucci@maisto.it) and Aurelio Massimiano (a.massimiano@maisto.it)

Maisto e Associati

Tel: +39 02 776931

Fax: +39 02 77693300

Website: www.maisto.it

more across site & shared bottom lb ros

More from across our site

New hires from rivals are reportedly being axed from the firm, following a steep decline in profits
Following Richard Houston’s switch to the newly formed Deloitte EMEA, Graves has the opportunity to bring Deloitte’s tax practice up to speed with its rivals
Firms announced tax hires and promotions across Europe and the US, while fresh figures from Ireland showed corporation tax receipts edging down in the first quarter
The country has overseen better audit procedures and demonstrated commitment to acting as a 'regional leader' on international tax matters, the OECD said
Barrister Setu Kamal and policy guru Dan Neidle have clashed over the former’s legal action against Google, described as ‘bonkers’ by Neidle
Authors from Khaitan & Co evaluate the recent CBDT notification, whereby legacy investments made by investors continue to be exempt from the applicability of GAAR
Dual-qualified corporate tax specialist Christoph Schimmer joins the firm after stints at Deloitte, Cerha Hempel and DLA Piper
Geopolitical rivalry is reshaping global tax cooperation, as the OECD’s minimum tax framework fragments and the EU grapples with the ensuing legal fallout
LED Taxand’s partner tells ITR about entrepreneurial inspirations, the importance of people skills, and what makes tax cool
Shiny new offices like Ryan’s in London Bridge aren’t just a cost – they signal that a firm is willing to align with its clients’ interests
Gift this article