NEWS

Optional regime for neo-residents and recovery of tax withholdings

The Revenue Agency confirms the possibility to request the refund for tax withholdings following the Neo-Residents Tax Regime
Share:

Table of Contents

With Reply no. 83/2022, the Revenue Agency recognized the possibility of recovering the tax withholdings provided for by the so called Neo Residenti Tax Regime. The Agency has in fact clarified that the withholdings made by the withholding agent in relation to the income from employment abroad – in the tax period for which the option is intended to be exercised and before the exercise of the same – may be recovered by filing a refund request.

Article 24-bis of the Tuir provides for an optional substitute tax regime on incomes produced abroad by individuals under specific conditions. The option is completed with the submission of the tax return relating to the tax period in which the individual has transferred the tax residence to Italy or the tax return relating to the subsequent tax period.

Taxpayers who make use of this scheme are required to pay a substitute income tax calculated at a flat rate of €100.000,00 for each tax year in which the option is valid, regardless of the type and quantification of the income produced abroad.

The circular of 23 May 2017, n. 17 / E, has also established the possibility of using as compensation the tax already withheld in the annual transfer of residence, pursuant to art. 17 of Legislative Decree 9 July 1997.

Alternatively, it is possible to recover the tax by submitting an application for reimbursement as governed by art. 38 of the Presidential Decree 29 September 1973, n. 602.

The aforementioned art. 24-bis of the TUIR provides that the substitute taxation provided for by the regime applies only to income produced abroad (paragraph 1), identified on the basis of the criteria set out in art. 23 of the Tuir to identify those produced on the territory of the State.

As clarified in circular letter no. 17 / E of 2017, based on the reverse reading of the criteria contained in art. 23, the income from employment provided outside the Italian territory, by a person who has exercised the option referred to in Article 24-bis of the Tuir, will be considered income produced abroad.

Therefore, in the case of an employee who provides, in whole or in part, his work abroad, the income attributable to the activity carried out abroad will be included in the flat-rate substitute tax. On the contrary, the salaried income provided in Italy is not included among those for which the substitute tax referred to in Article 24-bis of the Tuir is applicable, and therefore must be subject to the ordinary IRPEF regime.

Regulatory Framework

Authority Source Number Article Type Date Link

Related Insights

Tax Law
The IOSS represents the special scheme for simplifying VAT compliance on distance sales of goods imported from non-EU countries....
Income Tax Law
The 110% deduction on expenses incurred starting from January 1, 2025 is reduced to 65%....
Taxes Covered Art 3 OECD
Law Decree n. 209/2023 has substantially redefined the rules for the special tax regime for inpatriate workers in Italy. Take a look at the new requirements and benefits....
Loading...

Related News

Tax Law
Ruling No. 7/2026 provides important operational guidance on determining theoretical annual income for the purposes of the benefits introduced by the Budget Law 2025. The Italian Revenue Agency confirms that...
Income Tax Law
The 2026 Budget Law has amended the rules governing short-term rentals by lowering the threshold above which a presumption of business activity applies to short-term letting....
Tax Law
Response No. 296/2025 clarifies that the early withdrawal of a pension fund does not qualify as a “pension” for treaty purposes and remains taxable in Italy, even where the beneficiary...

More related Services

Corporate Tax residence

A&P Firm provides specialised advice on corporate tax residence in Italy. Our tax and corporate law professionals assist Italian and foreign companies in assessing tax residence and managing fictitious foreign residency risks, ensuring compliance with Italian and international tax regulations. The service aims to assess corporate tax residence and prevent presumptions of effective management in Italy, particularly during corporate planning or reorganisation phases. 

Resident Art 4 OECD

Our international tax experts assist Italian and foreign citizens in correctly identifying their tax residency under Italian law and Double Tax Treaties. We provide consultancy on registered residence, the criteria of domicile and habitual abode, as well as on the management of cross-border tax relations.

Permanent Establishment Art 5 OECD

Our tax and corporate law experts assist foreign companies in opening a permanent establishment in Italy, ensuring full compliance with Italian regulations and Double Tax Treaties. In particular, we support clients in assessing requirements, preparing corporate and tax documents, and managing VAT and social security obligations.

No data was found