In the legal texts, there is no discrimination against foreigners. In practice, however, there is some discrimination.
The language of justice
Italian
Having recourse to an interpreter
Sources of the law and legal similarities
The Italian Civil Code was created on the basis of Roman law modified by the Napoleonic Code. It is also modelled on German law. The highest law is the Constitution.
A rate of 10% is applied to some foodstuffs, live animals, some fuel supplies, catering, transport and housing.
A rate of 4.5% is applied to some foodstuffs, imports of agricultural products, medical supplies, books and magazines.
Other consumption taxes
Other taxes are determined at the national or local level such as taxes on tobacco, petrol, alcohol, oil, etc.
Corporate taxes
Tax rate
IRPEF
:
33%.
A different calculation has to be made for banks, insurance companies and other financial intermediaries, in accordance with the interests of IRES and IRAP.
IRAP
:
4.25%.
Tax rate for foreign companies
Resident companies are taxed on the basis of their global revenue. Non-resident companies are taxed on the basis of their income earned in Italy.
Capital gains taxation
Capital gains are generally treated like ordinary revenue and are taxed at a rate of 33% of the company's income tax.
Main allowable deductions and tax credit
Research expenses. Royalties on intellectual property such as patents and trademarks. Expenses for advertising and entertainments.
Other corporate taxes
The Municipal Tax is levied on real estate property.
Individual taxes
Tax rate
Individual tax
:
5 tax brackets, (including 3 new rates: 27%, 38% and 41%) with a maximum of 43%
Common tax
:
33%
Allowable deductions and tax credit
Maintenance allowance; university expenses; medical expenses (if they are over 129 EUR); dependent elderly or disabled persons; etc.
Special expatriate tax regime
Expatriates do not benefit from a special tax regime.
Double taxation treaties
Countries with whom a double taxation treaty have been signed
The tax year begins on 1 January and finishes on 31 December of the same year.
Accounting standards
Since November 2001, the organization in charge of the harmonization and control of accounting standards has been the Italian Accounting Organization (Organismo Italiano di Contabilità - OIC). The OIC replaces the "Commissione Paritetica per la Statuizione dei Principi Contabili", a commission controlled by the two main accounting bodies in Italy and which has published 30 accounting standards. Italian accounting standards do not have force of law.
Italian companies must draw up in their financial statements the following documents:
- the balance sheet;
- the profit and loss accounts;
- the notes to the accounts;
- the annual report.
Publication
The annual report, the audit report, the financial statements and a copy of the minutes of the AGM must be filed with the company register 30 days after the AGM, and this filing must also be published in the official gazette of joint-stock companies (BURSAL).
Unlimited liability companies are not obliged to publish their accounts.
Companies listed on the Stock Exchange must draw up quarterly financial statements.
Unlimited liability companies (SNC, SAS) only have to draw up a balance sheet and a profit and loss account, with no obligatory form.
Small companies are authorized to draw up financial statements in a shorter form.
The Civil Code obliges limited liability companies whose capital is more than 120 000 EUR to appoint, at the AGM (Assemblea dei soci) an audit committee (collegio sindicale) of three to five members who give an account of their audit in an annual report included in the financial statements of the company. This committee is appointed for three years and may be prolonged indefinitely. Since 2004, a "collegio sindicale" must contain at least one revisore contabile. The law does not impose any particular model of presentation of the audit report.
Companies listed on the Stock Exchange must have their accounts audited by external independent auditors (società di revisione).