Italian tax authorities clarify APA procedure

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 tax authorities clarify APA procedure

On March 21 2016, the director of the Italian Revenue Office (Agenzia delle Entrate) issued regulation no. 42295/2016 (the regulation), containing provisions for the application of the rules on advance pricing agreements (APAs) for enterprises with international activities.

The regulation clarifies the operative aspects of the procedure which leads to the conclusion of APAs with the Italian tax authorities. The APA institution was introduced into the Italian tax regime by legislative decree no. 147/2015 (the Internationalization Decree) providing for tax measures on the growth and development of multinational enterprises (MNEs).

The procedure allows both MNEs and the Italian tax authorities to conclude APAs in different areas such as transfer pricing, flows of dividends, interests and royalties, and exit or entry values in the case of transfer of residence.

The regulation applies also to proceedings that have already started although not yet concluded at the time of its enactment.

 

Enterprises involved

As clarified by the new regulation, APAs may be concluded with the Italian tax authorities by:

  • Italian resident companies which, alternatively or collectively:

    • meet requirements set forth in Article 110, paragraph 7, of the Italian Income Tax Code (i.e., associated enterprises for transfer pricing purposes);

    • own a shareholding in the capital of foreign enterprises residing in Italy;

    •  have paid to, or have received from foreign enterprises residing in Italy, dividends, interests or royalties;

    •  carry out their business activity through a permanent establishment (PE) located in another country.

  • Non-Italian resident companies which carry on or have the intention to carry on their business activity in Italy through a PE.



Scope of the APAs

MNEs may conclude APAs with the Italian tax authorities with the aim to:



  • determine the methodology for the calculation of the arm’s-length price to be applied to transactions with associated enterprises abroad (ex article 110, paragraph 7 of the Italian Income Tax Code);

  • define the application to a concrete case of rules concerning the attribution of profits to a PE in another state of an Italian company, or to a PE in Italy of a foreign company; or

  • define the application to a concrete case of rules concerning the payment to foreign subjects residing in Italy, or the receipt from a foreign subject residing in Italy, of dividends, interests, royalties and/or other income.



According to the regulation, the definition of the exit or entry values in the case of a transfer of the residence, as well as the evaluation of the requirements for the existence of a PE on the Italian territory, may fall within the scope of the APAs with the Italian tax authorities.

 

Request for the procedure

The regulation clarifies that enterprises which intend to conclude an APA with the Italian tax authorities must file a request (an istanza) to be submitted to the Ufficio Accordi Preventivi e Controversie Internazionali of the Central Directorate of the Italian Revenue Office, department in Rome or Milan.

The request may be submitted by registered mail or may be hand-delivered directly to the competent office.

The request should contain all details concerning the enterprise and should outline all facts and circumstances on which the proposed solution is based. Finally, it has to be signed by the legal representative of the company.



By Piergiorgio Valente, Managing Partner at Valente Associati GEB Partners – Italian Correspondent





Piergiorgio Valente

Piergiorgio Valente, Managing Partnerp.valente@gebnetwork.it

more across site & shared bottom lb ros

More from across our site

The arrival of Renan Ozturk and his team from A&M Tax introduces a unique proposition within the Middle East legal market, the firm said
The deal, reportedly worth $400m, will add Svalner Atlas’s 50-partner Nordic and Benelux presence to Ryan’s rapidly growing global footprint
The combined firm, which comprises over 1,400 lawyers, will boast robust tax practices in both the UK and US
Cascading tax reform, bullish foreign investment and vigorous TP audits have made Italy’s tax advisory market dynamic and stiffly competitive
As ITR data reveals that 2025 saw more than double the amount of private client hires than 2024, it seems firms are jostling for position
The US multinational paid 20% more tax in 2025 than 2024, it said; in other news, more than 25,000 HMRC staff have been upskilled on AI
Belt and Road Initiative countries face tax incentive conundrums due to pillar two, but relatively few countries would seek to scrap the project, ITR has heard
Hany Elnaggar examines how the OECD’s global minimum tax is reshaping the GCC’s investment incentive landscape, shifting the region from rate-based competition toward substance-driven economic positioning
The acquisition of a two-partner practice from Stephenson Harwood means that Charles Russell Speechlys has the largest private client team in Asia, the firm claimed
Complex and constantly shifting rules on global mobility mean ‘the risk is too great’ for staff to work abroad on personal time, EY’s Maureen Flood tells ITR
Gift this article