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

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