By In EU Divorce Law, Italian Divorce Law, Italian law

Italian divorce Law

International Couples Dealing with the end of their marriage

Italian divorce Law

Divorce is almost always an upsetting event, at the very least marked by disappointment and the loss of dreams and expectations. After all, nobody embarks on the journey of marriage with the expectancy of divorce. There are often legal, financial, parental, emotional, and practical challenges that require time, energy, and changes in responsibilities. It can be difficult to remember important details when emotions are running high.

In this blog post, we look at the legal repercussions and consequences on assets: joint current accounts, house, savings, etc. Everything must be put back on the table and discussed in order to manage the couple’s separation and divorce.

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Budget Law 2020 – Tax Measures

Income Tax Relief

In order to foster economic growth, art. 5 of the, “Decreto Crescita” which was passed in to Italian law in December 2019, provides for significant changes to the income tax system for anyone who transfers their tax residence to Italy from 2020. The law is retrospectively applicable to anyone who transferred their tax residence to Italy from 30th April, 2019.

The legislation on income tax extends to foreign football players and other professional sportsmen and women. The law establishes a 50% reduction on income tax and applies for 5 years provided that the sports professional maintains their tax residence in Italy for at least two years.

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Budget Law 2020 – New IMU

Italy’s 2020 Budget Law (art. 95) sees the merger of former property tax IMU (Imposta Municipale Propria) and the municipal service tax  TASI (Tributo Servizi Indivisibili) to create a new IMU (Imposta Municipale Unica) tax.

The payment for garbage collection and disposal known as, TARI (Tassa Rifiuti) remains a separate tax.

In switching to the new IMU, the Italian government aims to afford more autonomy to local municipalities (comune) in setting their IMU rates.

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Q&A Session for UK Nationals in Italy on Brexit and Citizens’ Rights

The EU Team, British Embassy Rome would like to invite you to a Q&A Session for UK Nationals in Italy on Brexit and Citizens’ Rights.
Friday 13 September 2019
Palazzo Ducale – piazza Roma n.32
Sala Consiliare Comune di Martina Franca (TA)

10:00 – 10:30 Registration
10:30 – 12:00 Conference
12:00 – 12:30 Discussion

Speakers:
Francesco Ancona: Martina Franca Mayor – Welcome speech
Leonardo Simonelli: President Emeritus, Italian Chamber of Commerce and Industry for the UK – Welcome speech
EU Team, British Embassy Rome
Giandomenico De Tullio: Partner De Tullio Law Firm – Brexit: Consequences for Owners of Property in Italy

Due to limited space, we ask that you kindly confirm your attendance by registering here by Thursday 12 September 2019. Thank you.

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By In Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Off-Plan Property, Property law, Real Estate Law

Buying a property in Italy: real estate commission rates (fees)

Real estate commission rates (fees) and payment schedules

When planning to purchase a property in Italy, you would usually seek the assistance of a licensed real estate broker for the initial property search.  The real estate broker has the duty to facilitate the transaction and to inform both the seller and the buyer of all details and aspects which may be relevant.

Buying a property in Italy: real estate commission rates (fees)

Real Estate Agent’s Commission

As in most countries, Italian real estate agents’ commission (provvigione) varies. In Italy, commission payment to a realtor is usually shared between the vendor and buyer. According to art. 1755, paragraph 1 of the Italian Civil Code, commission is paid once, due to the assistance of the estate agent, the sale has been complete. Legally, an estate agent must be the effective cause of the sale. This means that the agent must be able to show that their ‘introduction’ of the buyer led to the formation of a deed of sale between the vendor and buyer.

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By In Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Off-Plan Property, Property law, Real Estate Law

Building contracts in Italy: all liabilities and duties you should consider

Building contracts in Italy: liabilities of the contractor for building works

Whether you are building a new property in Italy, or renovating an existing Italian property, having the right building contract is vital to ensure that everyone involved knows their rights and responsibilities. A building contract constitutes a legally binding agreement, recorded in written form between two parties; one or more property owners and one or more contractors.

building contracts in Italy

A building contract sets forth all the terms and conditions under which construction or renovation work is to be carried out. This includes, but is not limited to, the basis of remuneration, time scale, and penalties, if any, for failure to comply with the terms of the contract.

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By In Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Off-Plan Property, Property law, Real Estate Law

Married couple buying a house under one name in Italy: applicable financial regime.

In Italy spouses can choose between two default[1] matrimonial financial regimes: community of properties/assets (comunione dei beni) and separation of property regime (separazione dei beni).

Married couple buying a house under one name
Married couple buying a house

If no matrimonial regime option is expressly made by both spouses through a notarial deed or upon marriage celebration, Italian married couples’ finances and assets are regulated under the community of property regime.

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What is the cultural pre-emption right on luxury properties?

Are you looking for castles for sale in Italy? Be aware of the cultural pre-emption right exercised by Italian public bodies

If you are looking to purchase a luxury property in Italy, such as magnificent and exclusive villas, castles, and palaces considered cultural, historical, archaeological or ethnographical heritage properties, you should take into account an important legal issue, that is the cultural pre-emption right which could be exercise on those assets by public bodies.

In most cases the conveyancing of luxury real estate units, for their inner characteristics or for the existence of specific situations, does not only depend on the contracting parties’ will, as per law. This occurs if there is the pre-emption right, which is the right of a person or body to be preferred over any other, on  the same conditions, where the person subject to the pre-emption aims to sell said property.

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By In Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Off-Plan Property, Property law, Real Estate Law

Certificate of habitability (certificato di abitabilità)

A certificate of habitability (certificato di abitabilità) confirms a property’s compliance with safety and sanitation rules, the efficiency of the property’s systems and that the property complies with building regulations and planning permission.

Certificate of Habitability (certificato di abitabilità)

Recently the certificate of habitability has been replaced by what could be as certificate of habitability report, which should include the following documents:

  1. Report from building works manager;
  2. Certification of structural soundness;
  3. Cadastral update;
  4. Systems compliance;
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By In Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Property law, Real Estate Law

Italian flat tax (cedolare secca) on rental incomes from Italian properties

In Italy, homeowners are expected to pay tax on any payment they receive from long or short term rental of their Italian properties.

Generally speaking, the Italian law requires that tax from rental income is paid by all the co-owners of the property on a pro quota basis, no matter who actually signed the rental contract or if the rent is paid in favour of only one of the co-owners.

Italian flat tax (cedolare secca)

However, as per recent case law, depending on the specific case scenario, different regulations might apply. Please get in touch for a preliminary consultation on rental income tax issues.

With respect to rental income tax in Italy, homeowners who act as individuals and are not professional landlords, have two options:

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