Foreign subsidiaries: news on the subject of investments in Italy

Review of the international and supranational aspects of the tax system

Among the innovations contained in the delegation to the Italian government for the tax reform (Law 111/2023) we find the art. 3 which deals with the general principles relating to EU and international tax law. In detail, in exercising the delegation, the Government is required to:

• adapt the principles of the national tax system to the levels of protection of rights established by EU law;
• ensure the consistency of the internal legal system with the OECD recommendations in the context of the BEPS project, in order to counter the erosion of the tax base;
• ensure the revision of the regulation of the tax residence of natural persons, companies and entities other than companies as a criterion of personal connection to taxation;
• promote the introduction of measures aimed at bringing the income tax system into line with greater international competitiveness, including through the granting of incentives for investment or the transfer of capital in Italy for the promotion of economic activities in the area Italian.

Following the changes made during the conversion phase, it was specified that, with reference to tax residence, the possibility of adapting the discipline to the execu...