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Italy’s Proposed Exit Tax

Contents of This Post

What the Exit Tax Could Mean for Individuals Leaving Italy

A draft of the Italian 2027 Budget Bill has been released. The proposals remain subject to parliamentary approval and amendment.

The Bill proposes an exit tax for certain individuals transferring their tax residence abroad. The measure could tax unrealised gains on investments even where the individual has not sold the assets or received any proceeds.

For internationally mobile individuals, the proposal raises questions about the timing of departure, the valuation of investments and the availability of funds to pay the tax. Its interaction with Italy’s annual tax residence rules deserves particular attention.

The proposal appears in Article 17 of the draft Budget Bill, It is not yet enacted law.

The draft provides for a ministerial implementing decree. That requirement should not be read as an express postponement of the proposed January 2027 starting date.

Who would be affected?

The draft sets out three principal conditions. An individual must:

  • Transfer their tax residence away from  Italy after having been Italian resident for at least six of the preceding ten tax periods.
  • Hold assets and rights within the provision’s scope with an aggregate normal value of at least €800,000 at the relevant valuation date.
  • Make a transfer of residence that causes Italy to lose its taxing rights over the relevant income.

The proposal therefore does not apply to every person leaving Italy. Nationality is not the test: the provision could affect both Italian citizens and foreign nationals who have lived in Italy.

The assets concerned are defined by reference to specified capital-gains categories in the new consolidated income-tax legislation. The €800,000 figure should not be read as a simple test of an individual’s total worldwide wealth. The classification of particular investments and financial arrangements will matter.

What does the €800,000 threshold mean?

The threshold concerns the value of the relevant assets and rights, rather than the amount of their unrealised gains.

It is also a threshold for entering the regime, not an allowance deducted from taxable gains. A person with relevant assets worth €900,000 would not simply be taxed on the €100,000 exceeding the threshold.

Instead, the draft calculates the charge by adding the positive differences between each relevant asset’s normal value (market value) and its applicable tax cost. Its reference to positive differences also raises a question about the treatment of investments standing at a loss.

The tax would follow the rules ordinarily applicable to the relevant income categories; the proposal does not establish one universal exit-tax rate.

The threshold may be amended during Parliament’s consideration of the Bill. For now, however, €800,000 is the figure in the draft, and an increase should not be assumed.

When would it apply?

Article 17 expressly states that the rules would apply where the loss of Italian tax residence takes effect from *1 January 2027*

The proposed valuation date is the last day of the tax period preceding the period in which the loss of residence takes effect.

On the ordinary whole-year tax residence approach, someone who is Italian tax resident for 2026 and nonresident for 2027 could therefore fall within the new rules, with relevant assets valued at 31 December 2026.

This is an important distinction: the proposed commencement rule refers to the effective loss of tax residence, rather than simply the date on which someone physically leaves Italy.

How does this interact with annual tax residence?

Italy’s domestic rules generally determine an individual’s residence for an entire tax year by reference to whether the relevant residence conditions are met for the greater part of that year. The analysis involves more than counting days abroad, and applicable tax treaties can affect the outcome. 

Consequently, someone who physically leaves Italy during the latter part of 2026 might nevertheless remain Italian tax resident for 2026 and become nonresident only for 2027.

On the wording of the draft, that person could potentially be within the new exit-tax regime, even though the physical move took place before the legislation was enacted. This is an interpretation of how the provisions fit together, rather than a conclusion that every late-2026 departure would be caught.

The interaction with treaty residence and any applicable split-year treatment will need careful examination.

Would there be a retrospective effect?

There is a legitimate question here, but it requires a distinction between the proposed legal trigger and the earlier circumstances taken into account.

The draft is framed as applying to a loss of residence effective from January 2027. Nevertheless, it could affect relocation decisions already taken in 2026 and bring into account gains accumulated before the new legislation. Article 17 contains no express general rebasing of investments to their value when the new regime starts.

Those features raise questions about transitional protection, legal certainty and taxpayers’ reasonable reliance on the rules in force when they made their decisions.

They do not, by themselves, establish that the proposal is unconstitutional. Italian constitutional case law does not treat retrospective non-penal legislation as automatically invalid. Its justification, reasonableness and effect on legitimate expectations are relevant to the assessment. [

For taxation, the constitutional principle of ability to pay is also relevant. The Constitutional Court has explained that retrospective taxation is not inherently unconstitutional, but may be unlawful where it infringes a constitutional principle. 

The appropriate conclusion at this stage is that the commencement and transitional arrangements deserve scrutiny. It would be premature either to dismiss the concerns or to state that the proposed tax would necessarily be unconstitutional.

When would payment be due?

The draft requires payment within 180 days of the effective loss of tax residence*. It is not clear if this means the date on which a transfer abroad is made, triggering a loss of tax residence, cancellation of resident with the Anagrafe or the last day of a tax year for which the individual is resident. 

A deferral option would be available for moves to EU member states and certain other jurisdictions with qualifying arrangements for information exchange and assistance in recovering tax debts.

However, this would require both:

  • An upfront payment of 50% of the tax within the ordinary deadline.
    An appropriate guarantee.
  • The proposed deferral period covers five tax periods following the year residence is lost for EU moves, and ten for other qualifying destinations.

Within that regime, the draft provides for relief where assets remain undisposed of through the relevant period. It also provides relief in specified circumstances involving death or a return to Italian tax residence, with excess payments refunded. Different rules apply to subsequent sales, gifts and certain related-party transfers.

These provisions could materially reduce the ultimate liability, but the upfront payment and guarantee could still create a substantial cash-flow burden.

What needs clarification?

Several practical issues remain important:

Residence and deadlines

how the 180-day payment rule would operate where residence status depends on circumstances assessed over the tax year.

Valuation and tax cost

particularly for unquoted investments and assets acquired many years earlier.
– **International double taxation:** whether the destination country would recognise the Italian exit-tax valuation or allow relief when the investment is eventually sold.

Transitional protection:how the rules should treat moves already undertaken or committed to before enactment.

Implementation: the detail of guarantees, reporting, deferral elections and refunds.

When would payment be due?

The draft requires payment within 180 days of the “effective loss of tax residence”. It is not clear if this means the date on which a transfer abroad is made, triggering a loss of tax residence, cancellation of resident with the Anagrafe or the last day of a tax year for which the individual is resident. 

A deferral option would be available for moves to EU member states and certain other jurisdictions with qualifying arrangements for information exchange and assistance in recovering tax debts.

However, this would require both:

  • An upfront payment of 50% of the tax within the ordinary deadline.
    An appropriate guarantee.
  • The proposed deferral period covers five tax periods following the year residence is lost for EU moves, and ten for other qualifying destinations.

Within that regime, the draft provides for relief where assets remain undisposed of through the relevant period. It also provides relief in specified circumstances involving death or a return to Italian tax residence, with excess payments refunded. Different rules apply to subsequent sales, gifts and certain related-party transfers.

These provisions could materially reduce the ultimate liability, but the upfront payment and guarantee could still create a substantial cash-flow burden.

Action Points

For individuals considering a move, the immediate task is to establish their likely tax-residence position, identify potentially relevant investments and retain reliable acquisition-cost records. Decisions should be based on the final legislation and the applicable treaty, rather than on an assumption that leaving physically before the end of 2026 would necessarily put the move outside the new rules.

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Constitution, Legislation and Guidance

Constitution

Relevant Provisions of the Constitution of the Italian Republic (Unofficial English Translation)

Article 2

The Republic recognises and guarantees the inviolable rights of the person, both as an individual and in the social groups where human personality is expressed, and requires the fulfilment of the fundamental duties of political, economic and social solidarity.

Article 3

All citizens have equal social dignity and are equal before the law, without distinction of sex, race, language, religion, political opinions, personal or social conditions.

It is the duty of the Republic to remove those obstacles of an economic and social nature which, by constraining the freedom and equality of citizens, prevent the full development of the human person and the effective participation of all workers in the political, economic and social organisation of the country.

Article 23

No personal or financial obligation may be imposed except by law.

Article 53

Everyone shall contribute to public expenditure in accordance with their ability to pay.

The tax system shall be based on criteria of progressivity.

Article 97

Public offices shall be organised according to provisions of law, so as to ensure the proper functioning and impartiality of administration.

Public administrations, in accordance with European Union law, shall ensure balanced budgets and the sustainability of public debt.

Italian Tax Code – Article 2 (Unofficial English Translation)

Article 2 – Persons Subject to Income Tax
  1. Individuals are subject to personal income tax, whether resident or non-resident within the territory of the State.
  2. For the purposes of income taxes, individuals are deemed to be resident if, for the greater part of the tax period, including any fraction of a day, they:
  • are registered in the registers of the resident population; or
  • have their domicile in the territory of the State pursuant to Article 43 of the Civil Code; or
  • have their residence in the territory of the State pursuant to Article 43 of the Civil Code.

For the purposes of determining domicile, primary consideration shall be given to personal and family relationships.

2-bis. Unless proven otherwise, Italian citizens removed from the registers of the resident population who transfer to a State or territories having a privileged tax regime are deemed to be resident in Italy.

2-ter. Individuals who transfer their residence to Italy and who have been resident abroad for certain periods may benefit from specific tax regimes under the conditions established by law.

1. Ministry of Finance Circular No. 304/E of 2 December 1997

Link

Title:

Audit activities for Italian citizens artificially emigrating abroad

Overview

This is the classic and still highly influential circular on Italian tax residence.

It explains:

  • that AIRE registration alone is not decisive;
  • how the tax authorities should investigate “fictitious” foreign residence;
  • the importance of domicile and centre of interests;
  • the relevance of family, economic, and social ties;
  • evidential factors indicating continued Italian residence.
Key principles:
  • Effective residence prevails over formal registration.
  • The authorities must look at “concrete and certain elements”.
  • The “centre of personal and economic interests” is crucial.
  • Family ties in Italy are particularly important.

Typical indicators examined by the tax authorities:

  • availability of homes in Italy;
  • family presence in Italy;
  • business interests;
  • bank accounts;
  • utilities;
  • club memberships;
  • habitual physical presence;
  • vehicles;
  • social and economic relationships.

2. Agenzia delle Entrate Circular No. 20/E of 4 November 2024

 
Title:

Guidance on the reform of tax residence rules introduced by Legislative Decree 209/2023.

Overview

This is now the principal guidance on the revised wording of Article 2 TUIR effective from 2024.

Main points addressed:
  • new statutory definition of domicile;
  • physical presence test;
  • counting fractions of days;
  • reduced role of mere registry registration;
  • coordination with tax treaties and OECD principles;
  • residence of remote workers and internationally mobile employees.
Important clarifications:
  • domicile is now autonomous from the Civil Code definition;
  • personal and family relations are expressly central;
  • mere formal registration is no longer determinative;
  • physical presence in Italy for most of the tax year can independently trigger residence;
  • registration with the Anagrafe gives rise to an presumption of tax residence – it is no longer an absolute test of tax residence.

Most of these interpello responses involve the defintion of tax residence in Article 2 prior to the amendments made at the end of 2003, but are still relevant.

Risposta no. 203 25/06/2019

Clarifications regarding tax residency. Dual tax residence. Double Tax Treaty considerations.

Risposta no. 294 22/07/2019

Tax residence under Article 2 TUIR for an individual claiming residence abroad.

Risposta no. 885 30/12/2021

Dual tax residence and application of treaty criteria to resolve conflicting residence claims.

Risposta no. 3 07/01/2022

Employment income and residence issues for a person working abroad, with reference to treaty residence rules.

Risposta no. 50 17/01/2023

Tax residence, employment abroad and Covid-related presence in Italy.

Risposta no. 54 17/01/2023

Residence under Article 2, paragraph 2-bis TUIR and treaty tie-breaker rules in an Italy-Switzerland context.

Risposta no. 73 18/01/2023

Tax residence, conventional criteria and split-year treatment on transfer to Switzerland.

Risposta no. 79 18/01/2023

Foreign residence, double tax conventions and application of treaty tie-breaker rules.

Risposta no. 99 19/01/2023

Tax residence and treaty analysis where the taxpayer’s physical presence in Italy was affected by exceptional circumstances.

Risposta no. 123 20/01/2023

Foreign tax residence and burden of proof; treatment of research-related income.

Risposta no. 126 20/01/2023

Tax residence in the year of transfer, with focus on factual residence and treaty allocatio no.

Risposta no. 170 26/01/2023

Employment income where residence changes during the year; split-year treatment under the Italy-Germany conventio no.

Risposta no. 173 30/01/2023

Italy-Switzerland double tax convention: tax residence, tie-breaker rules and permanent home criterio no.

Risposta no. 255 17/03/2023

Determination of individual tax residence under the Italy-Switzerland convention and Article 2 TUIR.

Risposta no. 112 17/04/2025

Post-reform Article 2 TUIR: non-residence assumed for purposes of analysing foreign-source income and Italian tax obligations.

Residence

Spelling of Comune

There is only one “m” the word Comune (plural Comuni) in the modern Italian language dictionary.

The Italian comune (municipality) derives from Latin commūnis, but the double mm was lost during the transition from Classical Latin to Vulgar Latin. In spoken Latin, many geminate consonants underwent degeminazione (degeneration of double consonants), especially intervocalic clusters like mm, which were phonetically unstable and tended to shorten. By the time early Italo‑Romance dialects emerged, the form had already shifted to comune. Tuscan—the dialect that later became standard Italian—continued this simplification, preserving gemination only where it remained phonologically distinctive (e.g., pala vs. palla).

The French language, by contrast, retained the Latin‑style spelling commune, and English inherited “common” through French. Modern Italian therefore reflects the phonetic evolution of Vulgar Latin, while French preserves a more orthographically conservative representation of the original Latin geminate.

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