Italian Supreme Court order no. 16134/2026 clarifies that, where a double taxation treaty requires Italy to eliminate double taxation, the foreign tax credit cannot be denied solely because the taxpayer failed to file an income tax return or to report the foreign-source income. The ruling therefore limits the scope of Article 165(8) of the TUIR, confirming that the treaty provision prevails where it grants an unconditional remedy against double taxation.
Published in La Circolare Tributaria no. 25/2026 by Euroconference.
