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 2026

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

Zion Adeoye, a tax specialist, had been suspended from the African law firm since October over misconduct allegations
The deal establishes Ryan’s property tax presence in Scotland and expands its ability to serve clients with complex commercial property portfolios across the UK, the firm said
Trump announced he will cut tariffs after India agreed to stop buying Russian oil; in other news, more than 300 delegates gathered at the OECD to discuss VAT fraud prevention
Taxpayers should support the MAP process by sharing accurate information early on and maintaining open communication with the competent authorities, the OECD also said
The Fortune 150 energy multinational is among more than 12 companies participating in the initiative, which ‘helps tax teams put generative AI to work’
The ruling excludes vacation and business development days from service PE calculations and confirms virtual services from abroad don’t count, potentially reshaping compliance for multinationals
User-friendly digital tax filing systems, transformative AI deployment, and the continued proliferation of DSTs will define 2026, writes Ascoria’s Neil Kelley
Case workers are ‘still not great’ but are making fewer enquiries, making the right decision more often and are more open to calls, ITR has heard
There is a shocking discrepancy between professional services firms’ parental leave packages. Those that fail to get with the times risk losing out in the war for talent
Winston Taylor is expected to launch in May 2026 with more than 1,400 lawyers across the US, UK, Europe, Latin America and the Middle East
Gift this article