Italy: The Italian 2001 Budget Law

Last Updated: 23 January 2001

As in the last few preceding years, the 2001 fiscal year will also be the focus of a significant number of new tax provisions which aim at reforming the Italian tax framework. The most meaningful provisions, which have been introduced by Laws No. 342 of November 21, 2000 and No. 388 of December 23, 2000, may be summarized as follows:

I. Employment Income Tax

The combined effect of the above pieces of legislation has altered the income-tax treatment pertaining to employees who are steadily relocated abroad in order to perform a specific assigned task. Their Italian tax liability will be restricted to a conventional salary set forth every year by a ministerial decree. However, workers who are similarly relocated within areas which border Italy will benefit from a total income-tax exemption with respect to their salaries. Employers, who apply the above arrangements for their workers, will no longer benefit from the related tax credit. Finally, certain new relieves have been introduced for employment income generated abroad.

A further noteworthy provision has qualified the income arising out of collaborations rendered in a coordinated and continuous way (i.e. previously, a type of self-employment income) as employment income.

II. Corporate Income Tax

Tax Rate

For the fiscal year 2001, the Corporate Income Tax ("IRPEG") rate of 37% has been dropped one percentage point to 36%. An additional percentage point will be dropped as of fiscal year 2003 reducing the Corporate Income Tax rate to 35%. Consequently, the tax credit which is granted to shareholders in order to compensate the Corporate Income Tax previously paid by the corporation will be equal to 56.25% for dividends declared as of the 2002 fiscal year and 53.85% for dividends declared as of fiscal year 2004 respectively. Certain other related tax measures have also been introduced.

Dual Income Tax

The 2001 Budget Law has also significantly altered the Dual Income Tax treatment by abolishing the restriction setting the minimum tax rate applicable to the aggregate of incentive-benefiting income and ordinary income at 27%.

Tax Incentives

The Incentive-Granting Tax Legislation, "Visco", has been extended for a further fiscal year. A significant number of tax credits for corporate income tax purposes has also been set forth by the 2001 Budget Law. Specifically, tax credits will be available to corporations which (i) employ new workers from January 1, 2001 to December 31, 2003 by executing a time-indeterminate agreement; (ii) invest in depressed areas which have been selected by the EU; (iii) are engaged in the industrial field. The latter tax credit may not exceed 75% of the increase of the R&D expenses which may be incurred as of the 2001 fiscal year in comparison with the same expenses pertaining to the three preceding fiscal years. The investments must be aimed at financing projects whether within the Italian territory or involving international joint ventures which are carried out under Italian direction.

A special tax credit will also be granted for the promotion and development of e-commerce activities as selected and regulated by Parliamentary Decree no. 114 of March 31, 1998. Eligible expenses include those to be applied for personnel training and in order to provide the Internet equipment for server-installation purposes.

Capital Gain Tax

In an effort to minimize the actual income tax arising out of group-reorganization transactions, the Capital Gain Tax ("CGT") rate applicable in the context of the sale of on-going concerns and control interest held for at least three financial years, mergers, de-mergers and spin-offs has been dropped eight percentage points bringing the specific rate from 27% to 19%. Unlike the preceding tax treatment, the CGT cannot be paid in five yearly installments, but in one installment only.

Corporate Assets Reevaluation

Any corporation, whether or not resident in Italy, may opt for reevaluating its tangible and intangible assets, except for stock on hand, which were recorded in the Balance Sheet relating to the financial year ending on December 31, 1999. The reevaluation which must be executed within the following Balance Sheet (i.e. the balance sheet relating to the financial year ending on December 31, 2000) is subject to the payment of a Substitutive Tax of Corporate Income Tax equal to 19% with respect to depreciable assets and 15% for non-depreciable assets, to be paid in three yearly installments of same value, plus a yearly interest equal to six percent.

CFC Legislation

Specific Control Foreign Corporation ("CFC") legislation has been enacted. Briefly, it sets forth a presumption whereby income produced by any controlled corporations located in tax havens is considered as produced in Italy and taxable accordingly.

Parent-Subsidiary Directive Extension

Subject to certain restrictions, the 95% income tax exemption currently applicable to EU-source dividends, which are distributed to Italian parent corporations, will be extended to those distributed by non-European subsidiaries.

Accounting Records

Accounting records may be kept on appropriate electronic storage up to the required time for the filing of the relevant tax return, subject to the condition that those records are found duly updated and are printed out immediately upon request by Tax Officers in case of a tax inspection.

The contents of this publication are not intended to provide legal advice that pertains to specific circumstances, for which you should consult appropriate counsel.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.