With the answer to the tax ruling n. 789 published on 24th November 2021, the Italian Revenue Agency clarified that the Counterexodates, who were registered within the AIRE and that at 31st December 2019 benefited from the inpatriates tax relief, can exercise the option referred to in Article 1, paragraph 50 of Law No 176 of 2020 and, therefore, access to the tax regime referred to in Article 5, paragraph 2-bis of the so-called Decreto Crescita.
This is because there is no subjective limitation to the exercise of the option by the Counterexodates who have returned to Italy claiming the tax incentives referred to in Law 238/2010.
1. Possible extension of the tax relief
Under specific requirements, it is possible to extend the inpatriates tax relief for additional 5 tax years for individuals who:
- Have moved their residence before 2020;
- Were already benefiting from the inpatriates tax relief on 31st December 2019;
- During their period abroad have been registered in the Register of Italian residents abroad (AIRE) or are citizens of Member States of the European Union;
- Have at least one underage child, even in foster care, or who have become or will become owners of at least one residential real estate unit in Italy within the time required by the Italian legislation.
2. Who cannot benefit from the extension
With this answer to the tax ruling, the Italian Revenue Agency also underlined who could not benefit from the extension of the inpatriates regime:
- Individuals who have transferred their residence in Italy from 30 April 2019;
- Professional sportsmen and women;
- Individuals who have not been registered with the AIRE;
- Non-EU nationals even if they have benefitted from the inpatriates tax relief.