Italy: The new Italian ‘White List’ – tax opportunities for foreign investors

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: The new Italian ‘White List’ – tax opportunities for foreign investors

Florence dome 100 x 90

The Italian government updated the so-called "White List" to include a number of jurisdictions that were previously deemed uncooperative.

serbini.jpg
gonzato.jpg

Stefano
Serbini

Alessandro
Gonzato

The White List, updated on August 9 2016, enumerates the countries that agree to exchange financial information for tax purposes with Italy and has 123 countries (the original version had around 70 jurisdictions).

The increasing trend of "cooperative countries" represents a significant step towards transparency in international tax matters, mostly considering the involvement of several former "tax havens" (e.g. Hong Kong, Channel Islands, Cayman Islands, British Virgin Islands, Seychelles).

The inclusion of such countries is mainly due to their adhesion to the OECD multilateral agreement on the automatic exchange of information and to the bilateral agreements signed as a consequence of the Italian voluntary disclosure procedure.

The government has retained the right to control the effectiveness of the exchange of information with the above mentioned countries and to delete any countries from the White List that commit repeated violations.

Various provisions of law, directly and indirectly, make reference to the White List and some even grant a favourable tax regime to different kinds of financial income realised by persons resident in the referenced countries.

The new White List allows investors resident in countries that were previously deemed to be not cooperative to join the above mentioned favourable tax regime and therefore may allow foreign financial players to access the Italian market and, vice versa, to facilitate Italian companies to find new financial sources.

For example, investors resident in countries included in the new White List will be admitted to invest both in Italian government bonds and bonds issued by Italian private entities (e.g. banks, industrial and trading companies), under certain conditions, without incurring any taxation at source on interest and other income payable on such instruments (according to Article 6 of Legislative Decree No. 239/1996).

Such investors will also be entitled to invest in Italian collective funds and 'Sicav' or enter into financial transactions such as securities lending and repurchasing agreements with Italian counterparties without being subject to any withholding tax on the related income (according to Article 26-quinquies and Article 26-bis of Presidential Decree No. 600/1973).

Even more important is the opportunity provided for by Article 26, paragraph 5-bis of Presidential Decree No. 600/1973. This provision grants the withholding tax exemption on interest payable by Italian borrowers to foreign lenders on medium-long term loans (i.e. loans with a duration of more than 18 months).

The exemption is granted to EU banks, financial institutions and insurance companies and also to "foreign institutional investors", even with no tax status, resident or established in a White List country and subject to their supervisory authorities.

According to this provision, the Saudi Arabia sovereign fund (a country now included in the new White List), as well as private institutional investors resident in White List countries, may grant medium-long term loans to Italian borrowers, under specific conditions and restrictions, without being subject to (withholding) taxation at source.

Such entities are entitled to the above favourable tax regime irrespective of their tax status in the home country, i.e. even if they are not subject in the residence country to (corporate or other) tax on the interest paid by the Italian borrowers.

By contrast, should such entities be controlled by Italian persons, Italian CFC rules could become applicable and therefore the income realised by them would be subject to taxation in Italy if, in essence:

  • The corporate income statutory tax rate in the residence country of the foreign entity is lower than 50% of the Italian statutory rate; or

  • The effective tax rate applicable in the foreign country is lower than 50% of the applicable Italian tax rate and more than 50% of the foreign entity's revenues have a "passive income" nature.

Stefano Serbini (stefano.serbini@belluzzo.net) and Alessandro Gonzato (alessandro.gonzato@belluzzo.net)

Belluzzo & Partners

Tel. +39 02 36569657

Website: www.belluzzo.net

more across site & shared bottom lb ros

More from across our site

While it’s great that the OECD is alive to multinationals’ fears of being caught in a compliance trap, the ‘common understanding’ illustrates a worrying lack of readiness
Rising demand for specialist expertise has fuelled the growth in tax partner headcounts, Cain Dwyer found; in other news, Switzerland has been urged to reconsider pillar two
An OECD report on the taxation of the digital economy is expected by the end of 2026, according to the group of nations
Trophy assets are evolving from personal indulgences to structured investments, prompting family offices to prioritise tax efficiency, governance discipline, and cross-border compliance
As demand for complex, cross-border private client counsel spikes, Patrick McCormick sees opportunity in starting from scratch
As part of an exclusive global alliance, KPMG will become one of Anthropic’s ‘preferred consultants’ for private equity
In the second part of this series, the focus shifts to how taxpayers can manage ongoing risks across the lifecycle of cross-border structures
Jurisdictions have moved to ensure that multinationals are not punished for late GIR filings due to a lack of available filing portals or exchange relationships
HMRC’s push for unified tax adviser registration won’t prevent every instance of improper conduct, but it is good for taxpayers and the UK’s reputation
Elsewhere, the UAE’s tax office has issued an update on registration penalties and two firms have been busy making lateral hires
Gift this article