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 30^th 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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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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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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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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“Going through the process without the help of experienced professionals is risky”

Beth Watson was living in Boston in 2015 when, out of the blue, she received an email informing her that she had been named as the sole heir in an Italian Will.

Beth recognised the name of the executor who had sent her the email, and sadly she recognised the name of her Swiss uncle with whom she had spent so many happy holidays. Her uncle had died, leaving Beth an estate in the southern Italian region of Molise, complete with olive trees, forests, farmland and habitable buildings.

Beth was stunned to be named as her uncle’s heir. She also soon realised that this wonderful bequest came with real challenges. Like other Americans who inherit property in Italy, she would have to navigate the Italian legal system, in another language and file a great deal of paperwork. She started out believing the process would be straightforward, but soon concluded she had to find trustworthy professional help. Amongst other things, there were expenses to be paid and accounts to be transferred. Paperwork and bureaucracy which were not easy to handle from Boston.

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What does it mean to take by representation?

What is the principle of representation?

According to Italian law, when an inheritance is left, either fully or partly, to a deceased’s child or sibling who has died before the testator, the descendants of the beneficiary  succeed to the inheritance, pursuant to the “right of representation” (articles 467 and 468 of the Italian Civil Code).

The same applies if a decedent’s child or sibling is unwilling to accept an inheritance to which he/she would be entitled, or if he/she is declared unworthy to inherit (art. 463 of the Italian Civil Code).

The person nominated to inherit is called the, “represented”, while his/her descendant who through the represented’s death becomes raised to the place and the degree of the person represented is known as the, “representative”.

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De Tullio Law Firm and the New York Times

De Tullio Law Firm‘s second contribution for the New York Times

One year after our first contribution for the New York Times, De Tullio Law Firm was interviewed for the second time to provide, once again, potential investors in Italy with useful guidelines regarding the buying basics of the Italian conveyancing process.

This time, the article is focused on the Riviera Ligure, one of the most sought-after places of the Italian country, but the legal information provided herein are extended to the whole Italian territory.

The article includes critical information, such as Italian Notary‘s fees (Italian Notaio’s fees), legal fees and Italian property taxes.

“Buying basics in the Italian Riviera

There are no restrictions on most foreigners buying real estate in Italy, said Giandomenico De Tullio, a managing partner at the De Tullio Law Firm, which has offices in Italy and Britain. (more…)

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What is Usucapione?

Usucapione is a legal procedure which can give you ownership of a property in Italy without need of any specific title such as a deed of purchase or a Will and without any agreement with the owner of the property.

Usucapione is similar to Adverse Possession. It is a legal situation which is connected with possession of a property which must not happen with hostility.

How does it work?

The possession of whole or part of a property and or land must take place, with public knowledge. After a number of years which can be 10 or 20 depending on the circumstances, the possessor can obtain the legal title and become the legal owner of this property; this happens even if you aware the owner of the property is someone else. (more…)

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This article aims to provide an overview of current rules pertaining to Italian property taxes and legislation. We outline aspects of legislation and certain taxes which were introduced in 2016 as part of the Italian Stability Law. These new measures relating to property aim to lower tax burdens and bolster the Italian property market.

While the government has announced the elimination of the local property and service taxes on principal residences in Italy and added the elimination of property and regional taxes on production and fixed machinery in the agricultural sector, those who own second and or holiday homes and real estate in Italy, will still pay local property and service taxes. (more…)

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The legal framework regulating international property sales is set by the Italian Law together with international treaties.

In international property sales, if there there is a conflict between Italian and International laws, Italian law will prevail. Art.51 of the Italian law n. 218 (31st of may 1995) states that a real estate conveyance will be regulated by the law of the place where the property is located.

The Rome Convention binding all EU Member States (19th of June 1980) regulates the applicable law to contractual obligations.

The signatories to a contract may choose applicable law for the whole, or a part only, of a contract and select the court which will have jurisdiction over disputes. By mutual agreement they may change the law applicable to the contract at any time (the principle of freedom of choice). (more…)

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