Scritto il 16 Gen 2024
Categoria: Articoli, Articolo


The recent changes to the tax residence criteria in Italy reflect a move towards greater alignment with international standards.


Navigating the complexities of international taxation can be challenging. As entrepreneurs, understanding the basics of tax residence for legal entities is crucial, especially in light of recent reforms.


  1. Tax Residence: The Basics

Tax residence determines where a company is liable to pay corporate taxes. Under Italian law (Art. 73 of the TUIR), three main criteria historically identified a company’s tax residence: legal seat, place of administration, and location of primary business activities. However, these criteria have undergone significant changes recently.


  1. Recent Changes in Tax Residence Criteria

As of 2024, new criteria for determining tax residence have been introduced:

  • Legal seat in Italy
  • Place of effective management in Italy
  • Main ordinary management in Italy

The “place of effective management” refers to where high-level strategic decisions are made, whereas “main ordinary management” deals with day-to-day operations. These amendments aim to align Italian legislation with international standards and provide greater legal clarity.


  1. Comparing Old and New Rules

The new rules maintain the legal seat criterion but modify the other two. Previously, tax residence was determined by where the entity was administered or where its primary business activity was located for the majority of the fiscal year. The new rules focus more on where strategic and operational decisions are made.


  1. Tax Residence and Holding Companies

The recent legislative changes clarify that the tax residence of subsidiary companies no longer influences the tax residence determination of a holding company. The reform emphasizes the independence of holding companies in their tax residency status, focusing on where they make strategic decisions and manage their operations. This shift underscores that the activities and location of a holding company’s subsidiaries are separate considerations from the holding company’s tax residence. It’s a significant change, reinforcing the principle that a holding company’s tax residency is determined by its own operational and strategic centers, regardless of its subsidiaries’ locations.


  1. Conclusion

Understanding the nuances of tax residence is crucial for compliance and strategic planning. The recent changes to the tax residence criteria in Italy reflect a move towards greater alignment with international standards. It is important to consider where your company’s strategic decisions are made and where its day-to-day management occurs, as these factors now play a pivotal role in determining tax residence. Staying informed about these changes is key to effectively managing your company’s tax obligations in an increasingly globalized business environment.


Studio Penso & Associati has been dealing with international taxation for years. If you are seeking solutions regarding the tax residence of companies, contact us!


Christian Penso