Italian 2014 stability law: Amendments to international tax ruling provisions

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

Italian 2014 stability law: Amendments to international tax ruling provisions

The Italian stability law has been amended in relation to international tax ruling provisions.

The international tax ruling is a legal institution introduced into the Italian tax system by Art. 8 of Leg. Dec. No. 269/2003, available to enterprises carrying out international business activities, intended as any enterprise residing in the Italian territory, that may be qualified as such, in accordance with the provisions in force on income tax matters, which, alternatively or jointly:

 

  • fulfils, with respect to non-resident companies, one or more of the conditions set

    forth under par. 7 of Art. 110 (transfer pricing regulations) of the

    Italian Income Tax Code;

     

  • participates in the equity, fund or capital of non-resident entities or rather, which equity,

    fund or capital is participated by non-resident entities; 

  • may have paid out to (or received from) non-resident entities dividends,

    interests or royalties; 

     

  • namely, any non-resident enterprise that carries out its activity in the Italian

    territory through a permanent establishment, which may be qualified as

    such, pursuant to income tax provisions in force.


The international tax ruling as detailed above is available to enterprises carrying out international activities that intend to define the following aspects with the Italian Tax Authorities, and more precisely:

 

  • calculation methods of the normal value (arm’s-length value) of transactions set forth

    under Art. 110, par. 7 of the Italian Income Tax Code (transactions

    included within the transfer pricing scope);


  • application of rules – also treaty-sourced – to a concrete case, involving the

    distribution to non-resident entities, or rather, the receipt by

    non-resident entities, of dividends, interests, royalties or other income

    components;


  • application of rules – also treaty-sourced – to a concrete case, concerning the

    attribution of profits or losses to a permanent establishment in Italy of

    a non-resident entity, or rather, to the permanent establishment in

    another State of an Italian resident enterprise.


Law No. 145/2013 (2014 Stability Law) amended the international tax ruling regime setting forth: 

  • that the legal provision is extended to the preliminary assessment of whether

    or not the requirements to determine the existence of a permanent

    establishment in the Italian territory actually exist;


  • the extension of the term from three to five tax periods of the legal validity

    of the ruling agreement: during such period, the Tax Authorities carry out

    their auditing activities to ascertain compliance with the terms of the

    signed agreement and to verify whether any amendments were made to the conditions

    that constitute the basis for the agreement.


The second edition of the Bulletin of the International Tax Ruling, published by the Tax Authorities on 19 March, 2013 reveals that the last few years saw an increased adoption of the said legal institution, in particular with reference to the prior determination of transfer pricing methods (89% of signed agreements).

 

Valente Associati GEB Partners

Viale Bianca Maria, 4520122 MilanoTel 39 02 7626131Fax 39 02 76001091(www.gebpartners.it)

more across site & shared bottom lb ros

More from across our site

Veteran Elizabeth Arrendale will lead the new advisory practice, which will support clients with M&A tax structuring, post-deal integration, and more
MAP cases keep increasing, and cases closed aren’t keeping pace with the number started, the OECD’s Sriram Govind also told an ITR summit
Nobody likes paperwork or paying money, but the assertion that legal accreditation doesn’t offer value to firms and clients alike is false
Ryan hopes the buyout will help it expand into Asia and the Middle East; in other news, three German finance ministers have called for a suspension of pillar two
SKAT, which was represented by Pinsent Masons, had accused Sanjay Shah and other defendants of fraudulent dividend tax refund claims
TP managers must be able to explain technical issues in simple terms, ITR’s European Transfer Pricing Forum heard
Prudential had challenged HMRC over VAT group relief; in other news, Donald Trump unveiled timber and wood tariffs, and the European Commission published a ViDA implementation strategy
Australia’s CbCR rules have ‘widespread support’ and do not put American companies at a competitive disadvantage, the FACT Coalition said
Baker McKenzie advised two of the member firms involved, while several advisers provided transaction counsel to US-based Grant Thornton Advisors
Foreign remittance requirements put additional administrative burden on Indian law firms and strain their relationship with foreign associate firms, according to practitioners
Gift this article