Capital gains on foreign shareholdings: foreign tax credit available where substitute taxation is mandatory

by A&P, Matteo Aicardi | 29 Sep, 2026 | Publications

Decision no. 413/2/2026 of the Brescia First-Instance Tax Court recognises the right to a foreign tax credit in respect of capital gains arising from the disposal of foreign shareholdings by individuals and subject in Italy to the mandatory 26% substitute tax. The...

Draft assessment and the standstill period: tax assessment notices issued ante tempus are voidable

by A&P | 29 Sep, 2026 | Publications

Decision no. 48/2/2026 addresses, apparently for the first time since the entry into force of Article 6-bis of Law no. 212/2000, the consequences of serving a tax assessment notice before the expiry of the 60-day period following notification of the draft assessment,...

IRAP and professional associations: the Italian Constitutional Court prioritises the substance of the professional activity over the associative form

by A&P, Matteo Aicardi | 6 Aug, 2026 | Publications

Italian Constitutional Court Decision No. 153/2026 addresses the application of IRAP to professional associations, with specific reference to notarial associations. According to the Court, the mere existence of a professional association is not sufficient to establish...

Inheritance tax exemption: restrictive administrative practice risks rendering the reform ineffective

by A&P | 3 Aug, 2026 | No Catgory

Italian Revenue Agency Rulings Nos. 115 and 116 of 4 June 2026 provide an opportunity to examine certain aspects of the inheritance and gift tax exemption under Article 3(4-ter) of the TUSD. The article analyses an interpretative approach that tends to make the...

Income arising from the write-off of liabilities: when is the extinguishment of a debt (actually) taxable?

by A&P, Fabrizio Ricci | 30 Jul, 2026 | Publications

Italian Supreme Court Order No. 23218/2026 provides an opportunity to examine the tax treatment of liabilities assumed as part of a business acquisition and subsequently written off, and, more broadly, the circumstances in which the extinguishment of a liability gives...