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TAXES

When do I need to start paying Italian taxes?

Many people living between two or more countries are unclear about whether or at which point they face the requirement to pay income tax in Italy. So what exactly are the rules?

When do I need to start paying Italian taxes?
(Photo by ANDREAS SOLARO / AFP)

Question: “We lease an apartment here in Italy and come over a couple of times a year. Since we pay taxes in America, we are unsure if we can apply for an Italian driver’s license or health card, or apply for residency permits. My question is, what would trigger the need to file an Italian tax return?”

As Italy’s revenue office (Agenzie delle entrate) explains, the requirement to pay income tax in Italy is triggered if and when you become a ‘tax resident’ in Italy. 

The revenue office website says you’re considered a tax resident in Italy if, for at least 183 days a year, you:

  • Are registered with Italy’s national population registry office (known as the Ufficio Anagrafe) or
  • Have your “place of residence or habitual residence” in Italy.

Essentially, spending more than six months of the year in Italy means that the Italian tax authorities can view Italy as your primary place of residence.

If you’ve chosen to officially move to Italy, have navigated any visa requirements, and are now successfully registered as a resident with your local municipality, then it’s simple enough: you’ll now need to be prepared to pay taxes in Italy on all income made anywhere in the world.

The tax requirement probably won’t apply if you’re spending less than half of your time at a second home in Italy. This should be the case if you’re a non-EU national subject to the 90-day rule when visiting Italy and other European countries.

READ ALSO: Can second-home owners get an Italian residency permit?

But if you do live in Italy most of the time, or if Italy is where you have most of your business or other interests, you could also be viewed as an Italian tax resident even if you are not legally registered as a resident with the Ufficio Anagrafe.

And, even if you’re not considered an Italian tax resident, be aware that you may still have to pay Italian taxes on any income generated in Italy.

Those who buy a property in Italy are also liable for certain local taxes, regardless of their residency status. You can see more information about these taxes in a separate article.

It’s also important to note that many countries, including the US, have double taxation treaties with Italy which set out the rules on which country should levy certain taxes. These are intended to prevent you from being taxed twice on the same income.

Agreements between Italy and other countries may affect whether you pay tax on certain sources of income, such as pensions, in Italy or in your home country.

Becoming a tax resident

Tax obligations will be one of the most important considerations for anyone deciding whether or not to take up Italian residency

The main thing you’ll need to be aware of is that becoming officially resident means filing annual tax returns with the Italian authorities, even if all your income comes from your home country or elsewhere.

Once you are a taxpayer in Italy, you will have the right to register with the Italian healthcare system. Depending on your circumstances however, doing so may not be free.

Please note that The Local is unable to advise on individual cases. For more details on how the Italian tax rules may apply in your circumstances, seek independent advice from a qualified tax professional.

You can also find more information about Italy’s income taxes on the Italian revenue agency’s website (in English). 

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For members

RESIDENCY PERMITS

Can you have your right to permanent residency in Italy revoked?

Applying for a permanent residency permit in Italy is often a lengthy process involving plenty of bureaucratic red tape. But can it ever be taken away from you after you get it?

Can you have your right to permanent residency in Italy revoked?

After legally living in Italy for at least five consecutive years, non-EU nationals become eligible to apply for a EU Long Term Residence Permit – known in Italian as permesso di soggiorno per soggiornanti di lungo periodo or permesso di soggiorno illimitato (formerly knowns as carta di soggiorno).  

Unlike most other Italian residency permits, which are issued for a maximum of two years and then need to be actively renewed in order to remain valid, the Long Term Permit grants the holder a permanent right of residency and does not expire (the document itself should be updated every ten years, but failure to do so does not invalidate your permanent right of residency).

Besides sparing the holder annual or biannual trips to the provincial questura (police station), the permit comes with a range of other advantages, including the right to freely work or study in the country (this isn’t always possible under some types of permits), fully access healthcare and social welfare, and participate in some forms of Italian public life like referendums.

Applying for a Long Term Residence Permit can be an arduous process as, besides showing you’ve been legally living in Italy for at least 5 years, you’ll have to meet a number of other requirements, including having an A2 Italian language level, which for most applicants entails passing an Italian language test.

READ ALSO: ‘Arduous process’: What to expect when applying for Italian permanent residency

But after successfully completing all of the red tape and getting your permesso, can your right to permanent residency be revoked in any case?

According to Italy’s official immigration portal, your status as a permanent resident can be revoked if you spend more than 12 consecutive months outside the European Union, or stay outside Italy for more than six consecutive years. 

You can also have your right to permanent residency revoked if you:

  • Get another EU Long Term Residence Permit from another country in the European Union
  • Are considered a threat to public order and national security, and are subject to an expulsion order
  • Are proven to have acquired the permit with fraudulent methods

Foreign nationals who lose their right to permanent residency due to being away from Italy, or after getting an equivalent long-term permit from another EU country can re-apply for permanent residency after legally living in Italy for three years (as opposed to the usual five). 

READ ALSO: When and how should I renew my Italian residence permit?

It’s also worth noting that, if you’ve been stripped of your right to permanent residency for any of the reasons mentioned above, you can contest the decision by filing an appeal with your Regional Administrative Tribunal (TAR) within 60 days of first being notified of it.

Please note that The Local is unable to advise on individual cases. Find more information on the Italian Interior Ministry’s website or seek independent advice from a qualified immigration consultant.

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