NEW RULES TO THE SPECIAL SCHEME FOR IMPATS

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The special scheme for “impatriated” workers, introduced starting from the 2016 tax period, provides for a facilitated taxation of the income produced by taxpayers who transfer their tax residence to Italy and who undertake to reside in our nation for at least two tax periods, carrying out work in the Italian territory.

The 2021 Budget Law intervened by modifying the discipline of the Impats. In particular, the new paragraph 2-bis of the article of the D.L. 34/2019 allows to extend the temporal scope of the facilitated tax regime also to subjects who have transferred their residence to Italy before the year 2020 and who, as of 31 December 2019, are beneficiaries of the ordinary favor regime provided for the  impatriated workers.

The extension of the concession is allowed:

  • following the exercise of an option;
  • upon payment of an amount equal to 10 or 5 percent of the subsidized income, according to the number of minor children and based on ownership of a property in Italy.

From a subjective point of view, the facility in question is reserved for taxpayers who:

  • have transferred their residence to Italy before the year 2020;
  • as of 31 December 2019, they were beneficiaries of the regime provided for by Article 16 of Legislative Decree 147/2015;
  • have been registered in the Registry of Italians residing abroad or are EU citizens.

These subjects can benefit, for a further five years, from the reduction of 50 percent of the income produced.

Lastly, it is emphasized that in Article 5 of the Legislative Decree 34/2019 the following paragraphs have been added:

  • the new paragraph 2-ter entrusts the methods of exercising the option to a provision of the Revenue Agency (Agenzia delle Entrate), to be issued within sixty days from the date of entry into force of the provision in question (2nd March 2021);
  • paragraph 2-quater expressly excludes the possibility of exercising the option in question for professional sportsmen, whose relationships with sports clubs are governed by Law 91/1981.