Italy: New exchange of information rules implemented in Italy

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Italy: New exchange of information rules implemented in Italy

foglia.jpg

dayala.jpg

Giuliano Foglia


Giovanni d’Ayala Valva

On March 17 2014 the Directive No. 2011/16/EU (Mutual Assistance Directive) was implemented in Italy through Legislative Decree No. 29 dated March 4 2014. The Mutual Assistance Directive was adopted by the European Council on February 15 2011 and provides for a more effective and efficient exchange of information between member states, based on the mandatory automatic exchange of information – as a general rule – and the exchange information on request with specific time limits to answer.

In particular according to the Decree, Italian competent authorities shall automatically communicate to a member state information regarding taxable periods as from January 1 2014 and related to a resident in such member state in relation to: income from employment, director's fee, life insurance products not covered by other EU legal instruments on exchange of information and other similar measures, pensions, ownership of and income from immovable property. A proposal of revision was presented by the European Commission to extend the scope of application of the Directive to dividends, royalties and other finance income.

The Decree also provides certain exclusion such as: VAT, custom duties and excise, certain compulsory social security contributions; certificates and other documents issued by public authorities and dues of contractual nature.

Indeed, the Decree falls within the growing need for transparency and exchange of relevant tax information that have become a global milestone in the international relationships between the states and, in particular, to support the fight against tax evasion, tax fraud and tax avoidance. In this situation, the EU Savings Directive was also recently revised to implement a "new single global standard for automatic exchange of information".

With specific regard to Italy, the Decree has consistently amended the domestic procedure adopted in 2005 to regulate the cooperation within competent authority of EU member state in line with internationals standards.

With respect to cooperation outside EU borders, the bilateral treaties signed by Italy generally do not provide for an extensive exchange of information clause similar to Article 26, paragraph 4 and 5, of the OECD model.

In this situation, Italy has recently shown a positive approach versus the exchange of information for tax purposes in particular when negotiating new bilateral or multilateral treaties through the introduction of extensive exchange of information provision in certain treaties protocols (for example Mexico, Bermuda, Mauritius) as well in some treaties not yet in force (Libya and Panama).

Furthermore, Italy has recently signed (i) the Foreign Account Tax Compliance Act with the US and (ii) four tax information exchange agreements (with the Cook Islands, Bermuda, Guernsey and Jersey) which provide extensive information clauses, allowing for the exchange of information held by banks, nominees and other persons acting in an agency or fiduciary capacity.

Giuliano Foglia (foglia@virtax.it) and Giovanni d'Ayala Valva (dayala@virtax.it)

Tremonti Vitali Romagnoli Piccardi e Associati

Tel: +39 06 3218022 (Rome); +39 02 58313707 (Milan)

Website: www.virtax.it

more across site & shared bottom lb ros

More from across our site

Experts from law firm Kennedys outline the key tax disputes trends set to define 2026, ranging from increased enforcement to continued tariff drama and AI usage
They also warned against an ‘unnecessary duplication of efforts’ in UN tax convention negotiations; in other news, White & Case has hired Freshfields’ former French tax head
Awards
Submit your nominations to this year's WIBL EMEA Awards by 16 February 2026
Defending loss situations in TP is not about denying the existence of losses but about showing, through proactive measures, that the losses reflect genuine commercial realities
Further empowerment of HMRC enforcement has been praised, but the pre-Budget OBR leak was described as ‘shambolic’
Michel Braun of WTS Digital reviews ITR’s inaugural AI in tax event, and concludes that AI will enhance, not replace, the tax professional
The report is solid and balanced as it correctly underscores the ambitious institutional redesign that Brazil has undertaken in adopting a dual VAT model, experts tell ITR
The Brazilian law firm partner warns against going independent too early, considers the weight of political pressure, and tells ITR what makes tax cool
The lessons from Ireland are clear: selective, targeted, and credible fiscal incentives can unlock supply and investment
The ITR in-house award winner delves into his dramatic novelisation of tax transformation, and declares that 'tax doesn’t need AI right now'
Gift this article