Tax Law

Expert Guidance in Italian Taxation

Comprehensive Tax Law Solutions

Avvocato Lorenzo Agnoloni International Law & Notary Firm provides specialized tax advisory services for real estate, commercial law, and inheritance matters in Italy. We assist with tax compliance, VAT, property taxes, and first-home buyer benefits, handling all necessary procedures with the Agenzia delle Entrate (Revenue Office). Our firm collaborates with tax specialists and accountants to ensure precise, up-to-date legal and financial solutions.

Tax Law

Frequently asked questions

What is Italian Administrative Law and field and competent Court, and how does it differ from civil law?

So we have to say that in general, Italian Administrative Law rules the actions and powers of public authorities and their interactions with individuals,other public subjects and businesses (but not only). Unlike Civil Law, Administrative Law focuses on public interest and ensures that government and public organizations’ actions are legal, fair, and transparent. Disputes in this field are handled by Administrative Courts (TAR – Tribunali Amministrativi Regionali) instead of ordinary civil courts.

How can I challenge an administrative decision in Italy?

If you believe a public authority has issued an unlawful or unfair decision, you can:

1) File an appeal ("Ricorso") to the TAR (Regional Administrative Court) within 60 days of receiving the decision.

2) Appeal to the Council of State ("Consiglio di Stato") if the TAR ruling is unfavorable.

 What are the most common types of administrative disputes?

Common Administrative Law disputes in Italy include:

  • Public contracts and procurement – Challenging unfair bidding processes.
  • Urban planning and building permits – Disputes over zoning laws or construction approvals.
  • Public employment – Issues related to civil servants and government workers.
  • Immigration and citizenship – Appeals against visa denials or expulsion orders (decreto di espulsione) and many other decisions.
  • Tax and fines – Challenges to administrative penalties, such as traffic fines or business sanctions etc...
Do I need a lawyer for Administrative Law cases in Italy?

Yes, for cases before the TAR (Regional Administrative Court) and the Council of State, legal representation is mandatory. However, for smaller disputes (e.g., contesting a fine), you may be able to submit an appeal independently or with the help of a legal consultant.

Tax Law

Frequently asked questions

Can I open a business in Italy as a foreigner?

Yes, foreigners can open a business in Italy, but the requirements depend on your nationality. EU citizens can start a business without restrictions, while non-EU citizens typically need a residence permit and a Partita IVA (VAT number).

What are the differences between an SRL (limited liability company) and a sole proprietorship in Italy?

SRL (Società a Responsabilità Limitata) is a limited liability company, meaning your personal assets are protected from business debts. A Sole Proprietorship (Ditta Individuale), however, holds the owner personally liable for business debts but has lower registration costs.

Do I need an Italian partner to start a business in Italy?

No, an Italian partner is not required. However, having one can be beneficial for navigating bureaucracy, obtaining financing, or gaining local market knowledge.

What are the tax implications for a foreign-owned business in Italy?

This depends on the way a foreign citizen is doing (or willing to do) his business in Italy. There are incredible differences if he is working as an individual (like a self employer or as a professional) or if he chooses the set up a company (with hughes differences and consequences between setting up a Societa’ di capitali like a SPA or SRL etc.. or a Societa di persone like a SAS SNC etc..).  Tax benefits exist for innovative startups and foreign investors.

How do I register a trademark or protect my intellectual property in Italy?

Trademarks and patents must be registered with the Italian Patent and Trademark Office (UIBM) or through the European Union Intellectual Property Office (EUIPO) for broader protection, with a complex process that this law firm can assist.

Tax Law

Frequently asked questions

What are the main forms of Alternative Dispute Resolution (ADR) in Italy?

This law firm can handle national (in Italy) and international arbitrations (arbitrato) in Switzerland before the Swiss Arbitration Centre. These processes are used to resolve disputes outside of court, often saving the judicial’s ordinary times that are not so fast.

Is mediation mandatory before going to court in Italy?

For certain disputes, it is mandatory, including real estate, banking, insurance, and commercial contracts, mediation is a mandatory first step before filing a lawsuit. If mediation fails, the case can proceed to court.

How does arbitration work in Italy?

Arbitration is a private dispute resolution method where parties agree to have their case decided by an independent arbitrator instead of a judge. It’s always used more by contenders. first of all, need a response to the problems that have arisen between the parties in a short time, as a response is provided (even in a winning way for one of the parties) but after too long times, which unfortunately with the ordinary court system is difficult to avoid, at the end it is a defeat for both parties.

Can foreigners use ADR to resolve legal disputes in Italy?

Yes, foreigners can use ADR in Italy. Many national and international contracts include arbitration clauses, and mediation services are available in multiple languages. But each single case can be ruled in different ways in the contracts, so this answer can be given after studying well the single contracts.

Tax Law

Frequently asked questions

Can foreigners open a bank account in Italy?


Yes, non-residents can open an Italian bank account, but requirements vary by bank (Italian or foreign in the Italian territory). Typically, you need a valid passport, an Italian tax code (Codice Fiscale), and proof of address. Some banks may require a local contact, tax returns or residency.

What are the main regulations governing banks in Italy?

Italian banks are regulated by the Bank of Italy (Banca d’Italia) and must comply with many regulations and first of all with the European Central Bank (ECB) regulations, the Consolidated Banking Act (TUB), and anti-money laundering (AML) laws.

Are there restrictions on transferring large sums of money in or out of Italy?

Yes, large transactions (typically over €10,000) must be reported to the Financial Intelligence Unit (UIF), Agenzia delle Entrate o Agenzia delle Dogane for anti-money laundering purposes. Additionally, tax compliance and source of funds verification may be required.

What protections do depositors have under Italian banking law?

The Interbank Deposit Protection Fund (Fondo Interbancario di Tutela dei Depositi – FITD) that is only one of the multiple protections given by the Italian law and the Italian bank system, which guarantees deposits up to €100,000 per account holder, per bank in case of a bank failure. But there is a complex panorama to be described to each one who wants to go deep in this matter

How does Italy regulate cryptocurrency and digital banking?

Italy follows EU regulations on cryptocurrency, requiring exchanges and wallet providers to register with the Organismo Agenti e Mediatori (OAM). Digital banking services must comply with traditional banking laws, GDPR, and consumer protection rules.

Tax Law

Frequently asked questions

Can I buy property in Italy if I am not an Italian citizen?


Yes! In general, Italy allows non-residents to buy property. BTW, this matter is particularly complicated and of course there are exceptions and limits (with blacklist countries etc..) . For example, some non-EU countries require a reciprocity agreement, meaning your home country must allow Italians to buy property there. But there are alternative solutions which allow Italian companies with foreign owner/partners to buy property 

What legal checks should I do before signing a preliminary sales contract/Offer (compromesso)?

You should verify:

  • Property ownership and legal status through a title search at the Land Registry (Conservatoria dei Registri Immobiliari).
  • Outstanding mortgages or other kinds of debts linked to the property.
  • Zoning and planning permissions for renovations.

This is only for a start, because it could be necessary to do other research before the local Courts for other debts or eventual actions by neighbors or other subjects/creditors/claimants etc...

 What are the main taxes and fees when purchasing property in Italy?
Key costs include:
  • Registration Tax (2-9%) based on property type.
  • Notary Fees (~1-2%) of property value.
  • Annual Property Taxes (IMU, TASI, TARI).
Can I get a mortgage in Italy as a foreigner?

Yes, but it really depends on your bank, and the requirements that each single bank rules in a different way. Maybe we can say that the majority of  Italian banks typically finance 50-60% or even more, of the property value, related to the proof of income in Italy, a high credit rating is required, guarantees etc...

What happens if there are legal disputes over property ownership?

Disputes are resolved through Italian courts or arbitration. A good lawyer and a good notary can help prevent future issues.

Tax Law

Frequently asked questions

What are the main types of companies in Italy?

In Italy, the most common business structures are:

Societa’ di capitali:

  • S.r.l. (Società a responsabilità limitata) – A limited liability company, ideal for small and medium businesses.
  • S.p.A. (Società per Azioni) – A joint-stock company, suitable for larger businesses, and many others.

Societa’ di persone:

  • S.n.c. ,  S.a.s. – Businesses where partners have different levels of liability, and many others.

We can help you choose the best structure for your business.

How do I start a business in Italy?

To open a business in Italy, you typically need to:

  1. Set up a company and register the company with an Italian Public Notary or  a Lawyer/CPA  and the local Chamber of Commerce.
  2. Obtain a VAT number (Partita IVA).
  3. Set up social security and tax obligations and many other steps can be highlighted to everyone who wants to know more about that.

We can assist you in setting up your company quickly and with the respect of all Italian laws.

Do I need to register for VAT (Partita IVA) in Italy?

 Yes, if you sell goods/services in Italy, except for certain exemptions but even to be a professional  or in other cases.

Do foreign investors need an Italian partner?

Not necessarly, foreigners can own 100% of an Italian company. However, having a local representative can simplify legal and tax processesand there are some exceptions to this rule.

We provide legal support for foreign businesses entering the Italian market.

What are the key commercial contract requirements in Italy?

Contracts must be:

  • Clear and legally compliant (especially regarding employment, suppliers, and partnerships).
  • Written in Italian (or officially translated for legal validity).
  • Registered or notarized in many cases (e.g., real estate, franchises, leasing etc..).

We draft and review contracts to protect your business interests.

What happens if a business dispute arises?

If a dispute occurs, options include:

  • Negotiation or mediation to reach a settlement.
  • Arbitration for quicker resolution outside of court.
  • Litigation in Italian courts if necessary.

We provide legal representation to resolve commercial disputes efficiently.

Tax Law

Frequently asked questions

What are the main differences between the Italian legal system and common law systems?

Italy follows a civil law system, meaning laws are codified and judges rely primarily on written statutes rather than precedents, and judicial decisions are based on the Italian Penal Code (Codice Penale) and Criminal Procedure Code (Codice di Procedura Penale). Each case will be analized according to its specific necessities.

What are the main categories of criminal offenses in Italy?

Criminal offenses in Italy fall into three main categories (but this it’s only a very simply summarized list):

  • Crimes ("Delitti") – More serious offenses like murder, fraud, drug trafficking, or bribery.
  • Misdemeanors ("Contravvenzioni") – Less severe offenses such as public disturbances, minor traffic violations, or unauthorized work.
  • Administrative offenses – Some minor infractions are handled outside the criminal system and may only result in fines.

ld verify:

  • Property ownership and legal status through a title search at the Land Registry (Conservatoria dei Registri Immobiliari).
  • Outstanding mortgages or other kinds of debts linked to the property.
  • Zoning and planning permissions for renovations.

This is only for a start, because it could be necessary to do other research before the local Courts for other debts or eventual actions by neighbors or other subjects/creditors/claimants etc...

What are the penalties for criminal convictions in Italy?

Penalties vary depending on the crime and may include:

  • Fines ("multa" or "ammenda") – Monetary penalties for misdemeanors or lesser crimes.
  • Imprisonment ("reclusione" o “arresti domiciliari”) – Prison sentences range from months to life imprisonment for serious crimes or alternative measures as house arrest.
  • Additional sanctions – These may include disqualification from public office, seizure of assets, or mandatory rehabilitation programs.
Can a foreigner be prosecuted in Italy for a crime committed abroad?

Each case has to be studied in its peculiarities and accordind to the international law and the international agreement.

Tax Law

Frequently asked questions

What are the legal grounds for divorce in Italy?

Italy recognizes two types of divorce, that now is a fast process, particularly if there are no children and there is an agreement for the economic aspects, anyway wecan still consider existing  the main difference between:

  • Consensual divorce (Divorzio Congiunto): Both spouses agree on all terms, making the process faster.
  • Judicial divorce (Divorzio Giudiziale): One spouse files for divorce due to irreconcilable differences, such as domestic violence, abandonment, or infidelity.
How does divorce work in Italy for foreigners married to Italians?

Divorce laws depend on where the marriage was registered. Italy requires legal separation first, unless both parties agree. Thematter is complex but it’seven possible to have 2 different processes in the 2 different countries of the origin of the foreigners. 

 What rights do unmarried couples have in Italy?

Cohabitation Agreements provide many protections and rights insome cases like a married couple, the last sentence of the Italian Supreme Court (Corte Costituzionale) n. 148 dated 25/07/2024 about the rights inside the family (related by the marriage oreven  only in fact) is very interesting and clarified a lot in this particular matter.

How is child custody determined in Italy?

Italian law prioritizes the best interests of the child, with custody decisions based on:

  • Joint custody (Affidamento Condiviso): The most common arrangement, where both parents share parental responsibilities.
  • Sole custody (Affidamento Esclusivo): Granted when one parent is deemed unfit to care for the child.
  • Child’s preference: If the child is mature enough, their opinion may be considered.

Tax Law

Frequently asked questions

What are the visa options for foreigners who want to live in Italy long-term?

Options include:

  • Elective Residence Visa (for retirees with passive income).
  • Investor Visa (for those investing €250K+ in Italian businesses).
  • Work Visa (requires employer sponsorship).
  • Startup Visa (for entrepreneurs).
  • Family Visa (short and long term).
  • Student Visa and other
How can I obtain permanent residency in Italy?

After 5 years of legal residence, you can apply for an EU Long-Term Residence Permit, provided you meet income, integration requirements and others.

Can I work remotely for a foreign company while living in Italy?

Italy is launching a Digital Nomad Visa, but currently, remote workers often use the Elective Residence Visa, which does not permit local employment.

What is the process for obtaining Italian citizenship through ancestry (jure sanguinis)?

If you have Italian ancestry, you may qualify if:

  • The Italian judicial system relies on precedents and it’s really a different process in comparison with the one followed by the Italian consulates.

Processing times vary, but it’s faster than any other process and gives you all the guarantees that a process before a Judge can give to the applicants. This law firm obtained some sentences in few months, from the time when the Ricorso was deposited before the Court (particularly if supported by evidences which prooved even an urgency).

When youwill contact the law firm , we will clarify who is the italian ancestor that is preferred to reconnect with, according to the Italian court precedents. 

During consultation we will advise on what documents are required. We take care of obtaining all Italian ancestry documents required from the Italian public offices. 

How does the Italian work permit process work for non-EU citizens?

Employers must apply for a nulla osta (work authorization) through the annual Decreto Flussi quota system. Once approved, you must apply for a work visa and residence permit.

Who is the applicant?

Tax Law

Frequently asked questions

What happens to my estate in Italy if I die without a will?

Italian forced heirship laws apply (successione per legge) , meaning spouses and children inherit automatically.

Can I make an Italian will if I own property in Italy but live abroad?

Yes! It’s best to have a separate Italian will to avoid conflicts with foreign succession laws.

How can I protect my assets for my children or spouse under Italian inheritance law?

Setting up a trust, a minor trust, a donation, a so called “fondo patrimoniale” or an international will can help distribute assets according to your wishes.

Tax Law

Frequently asked questions

What taxes do individuals pay in Italy?

Individuals in Italy pay:

  • Income Tax (IRPEF) – A tax on earnings, with different rates based on income.
  • Property Taxes (IMU & TARI) – IMU applies to second homes, and TARI is a waste collection tax.
  • VAT (IVA) – A 22% tax on most goods and services.

The sector is really complicated, but we can definitely  help you understand these rules and manage your tax obligations.

What taxes do businesses pay in Italy?

Companies in Italy pay:

  • Corporate Income Tax (IRES)24% of net profits.
  • Regional Tax (IRAP) – Around 3.9%-4.82% based on business activity.
  • VAT (IVA)22% on sales of goods and services and others.

Our firm can assist businesses with tax compliance and planning.

Do foreigners have to pay taxes in Italy?

If you live in Italy for more than (6 months plus one day) in a year, you must pay taxes on worldwide income.
All changes if you live abroad and you have there your residence.

We can help expats and foreign investors understand their tax situation according to the Italian laws and international agreements (so you will not pay taxes 2 times).

 Are there tax benefits for new residents?

Yes! Italy offers:

  • Flat Tax for Wealthy Individuals – €100,000 fixed tax on foreign income.
  • Impatriate Tax Regime – 70-90% tax discount for professionals moving to Italy.
  • Business Incentives – Tax breaks for start-ups and R&D investments.

We can guide you through the application process.

What happens if I don’t pay my taxes?

If you don’t pay your taxes, you may face:

  • Fines and interest on late payments.
  • Audits and inspections.
  • Seizure of assets or legal action.

If you have tax issues, we can help you resolve them and avoid penalties.

Need tax advice? Contact us today!

Tax Law

Frequently asked questions

What are the main types of civil disputes in Italy?

Common cases involve contract breaches, property disputes, inheritance issues, and debt recovery, like in all other countries at least of Europe/USA/Canada, but there are so many other cases not easy to describe here in a few words.

Can foreigners sue or be sued in Italian courts?

Yes, if the case involves Italian jurisdiction (e.g., contracts, property, business ginheritances etc..).

How does mediation work in Italy as an alternative to court?

Mediation is mandatory for certain cases (real estate, contracts) and typically hardly resolves disputes faster,adecison of a judge is often preferred.

What are the legal costs of pursuing a civil lawsuit in Italy?

Court fees vary and it’sreally hard to say, each caseis different and has its peculiarity, but legal costs range from € 250,000 –€ 50.000,00, plus lawyer fees.

Tax Law

Frequently asked questions

What are the key clauses to include in an employment contract in Italy?

 Must include:

  • Salary & Benefits & Retirement
  • Working Hours & Leave
  • Termination Conditions
  • Non-compete & Confidentiality Clauses
How do I ensure a contract is legally enforceable under Italian law?

It must comply with the Italian Civil Code, be written in Italian, and be signed by both parties (and possibly be registered)..

Can contracts be written in English, or do they need to be in Italian?

Contracts must be in Italian for legal validity, but bilingual versions are often used for reference.

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