Superbonus 110%

 

Superbonus 110% - discussions on the beach    There is a lot of discussion going around at the moment about the Superbonus 110% that the Italian government is offering to bring your property into the eco-friendly age. I won't go into details because it's so complex that I am totally lost with the whole affair. However, I did happen to have some discussions on the beach this summer with an Italian gentleman of 73 years of age. He is a practising architect in Milan and has built buildings all over Italy. I struck up a conversation on the subject of the 110% Superbonus and how his company was coping with the bureaucracy. I was a bit taken aback by his answer that they had made a decision not get involved, at all. His view was that the process of attaining permissions and subsequent documenting of the process is so incredibly complex and time consuming that the professionals involved in the process are forced to increase their fees substantially just to cover the cost of work and /or monitoring and reporting. He also explained that because ultimate responsibility for the Superbonus 110% will fall on the shoulders of the professional following the process, that their insurance risk against the Agenzia delle Entrate poking around in the future, and finding faults in the documentation is so high that they would have to increase their fees substantially to compensate for that risk.   This architect said that he had been talking to other firms in Milan who were charging significant fees, and that in total, between architects, geometre, and builders, costs could spiral to 40% of the amount claimed for the work.   Now, I am no expert on this particular area and I am sure that there are some of you reading this who will be able to pull this logic apart, but my point is that if you are looking at significant renovation work through the use of the Superbonus 110%, then make sure you check the small print and the costs. Remember that in addition to the costs of following the work, building material prices have sky rocketed due to Covid and continue to rise. What is claimed from the Agenzia delle Entrate may be less than the cost of work if these costs continue to rise. Ultimately, it is the client who pays the fees and so my advice is just check that the NET amounts claimed from the Agenzia delle Entrate will cover the cost of your work and you are not going to be left with half finished properties.  And on that happy note, I will leave it for this blog. Life is slowly returning to normal after the long hot summer and it will shortly be time to be putting on those thick woolly socks again and wrapping up tight for the winter. In the meantime, if anything in this blog has piqued your interest, or you would just like to review your financial plans for life in Italy then please do get in touch on gareth.horsfall@spectrum-ifa.com or send me a message/call on +39 333 649 2356

 

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Tax on Pensions

 

Tax on Pensions Well, another summer has passed and contrary to my previous blog I have decided not to become a communist, not that I think there was ever any chance of it happening anyway. Being a financial adviser pretty much excluded me from the start. Anyway, as the hot days roll on here in Rome and the fresher ones will start soon, I was thinking how I could get started on some more serious topics of finances for residents in Italy. One thing I have come up against this summer on a number of occasions has been the subject of personal private pensions, and how they are treated for taxation, so I thought it might be a good idea to explore the different types of personal pensions which are in existence in the EU, which type Italy uses and what we can learn to help us understand the taxation of such a financial product in Italy.  EET, ETT, or TTE? This subject can get complex, but every so often it's good to delve in and try to make some sense of it. The main problem is that throughout the world, and even between European states, different models of taxation are applied to the different models of personal private pensions that exist. Italy has adopted one of these models, which in itself is no problem, but when we, as foreigners, move to Italy we may find that our existing private pension plans don't fit into the same model as the Italian one. In most cases our commercialista has the 'enviable' job of choosing how to apply the Italian way to our scheme.  It's a bit like trying to fit a square peg into a round hole.  So what are the main models? As the title of this paragraph alluded to, there are three main models used which go under the monikers: EET, ETT and TTE.    What do these stand for?  The initials mean the following:  EET:   Exempt, exempt, taxation. (The majority of EU member states adopt this approach, including the UK) ETT:   Exempt, taxation, taxation. (Italy, Sweden and Denmark adopt this model) TEE:  Taxation, taxation, exempt. (This used by Hungary and Luxembourg) **The US also falls in the EET system** As you might have guessed, the 'exempt' and 'taxation' tags refer to the point at which taxation is applied to the monies in your private personal pension. So, the first tag refers to the point at which the contribution is made into the pension fund (monthly or lump sum payments are treated equally), the second tag refers to the money when it is invested and accumulating within the pension (capital gains and income generated from the invested funds) and the third is the point at which one goes into retirement and starts to receive payments from it (the actual pension payment). Clear as mud? Let's continue...  The EET model The UK, US and many other EU member states apply the EET model (exempt, exempt, taxation), and it is my favourite model! I think it is the easiest to understand and the fairest model. I also expect that this model may also be adopted (or phased in) by Italy as part of Mario Draghi's big tax shake up, for which we are still waiting for details (end October is the latest news). Fundamentally, a model which allows someone to accumulate funds in a tax efficient environment throughout their working life and then be taxed at normal tax rates when they eventually come to take that money back, would seem to be the easiest and fairest way to allow individuals to accumulate as quickly and efficiently as possible. It also incentivises people to want to make more contributions into these types of savings plans for their future.  The ETT model However, our beloved country of residence, Italy, adopts the ETT (exempt, taxation, taxation) model. Interestingly, the other two countries which adopt this model in Europe are Sweden and Denmark. I don't think I need to point out the significant difference between the social security systems of Denmark and Sweden versus Italy, but it merely highlights the fact that Italy remains a higher taxing EU state. That being said, I love Italy, as I know a lot of you do, and it deserves much more than an critical look at its taxation system. The fact that the fund is taxed in addition to the pension payments on retirement means that their model doesn't complement sufficiently the lower benefit payments on offer from the state through the contributi scheme, previdenza complementare' and is not a great attraction for savers for retirement. However, you need not take my word for it. Between Italian workers,  private individuals and public scheme employees, only 25% contribute to a separate private pension scheme to top up their existing benefits from the state. That figure is well below the EU average!   That low number might be due to the fact that between the low tax benefit (a maximum deduction against tax of only €5164.57 per annum), the rates of tax applied to the fund itself (between 20% and 26% depending on which fund you hold your private pension with), the restrictive ranges of investment options and the higher charges, then it comes as no surprise that not enough people are choosing to top up their pension with a private arrangement, but are more likely to buy property or find other ways of supplementing their retirement income, assuming they have surplus income after the state has taken their contributi for the state related pension.   There is, however, one advantage. The monies when received as an income payment in retirement attract a tax rate of 15% and can fall to 9% if you have contributed for 35 years to a previdenza complementare. This additional benefit stills fails to be attractive enough for people to save in this way for their future, probably because the benefit is too far in the future for many people to even consider when they have more pressing financial needs today, which brings us back to the point that the incentive for people to save today needs to correspond to a benefit received today i.e. a tax break on contributions, or no tax on the invested fund.   So what does this mean for the taxation of your non-Italian pension  As you might imagine it's not as simple as saying that a personal pension that you own from one country will be considered the same, for tax purposes, as an Italian private pension (previdenza complementare).  The complexity lies in the fact that because Italy cannot analyse every different type of pension in the world, it is impossible for them  to legislate for each one as well. Therefore, we have to use some logical thinking, but even that may be interpreted differently by the tax authorities in Italy.  At this point you might want to take a moment's silence for your commercialista whose job it is to make that interpretation and on whose shoulders, ultimately, that decision lands. Although it is unfair to say that they don't have any information to hand, because one client, whose commercialista was clearly on the ball, alerted her to an 'Istanza di Interpello' dated 27th May 2020, (click HERE, basically it is an opinion provided by the Agenzia delle Entrate on a specific case presented by a specific individual). This interpello went some way to explaining the thinking of the Agenzia behind the taxation of pensions which fall into the EET model (exempt, exempt, taxation). The 'opinion' was based on a UK pension. Taxation on accumulation or not? What it all seems to boil down to is how the pension is taxed during the accumulation phase. Italy taxes the fund during this phase but gives a preferential tax rate when the monies are drawdown. A UK pension, for example, is not taxed during the accumulation phase, but then drawdowns are taxed at regular income tax rates. So, going back to the logical thinking approach, if someone moves to Italy with a UK pension, it doesn't make sense that they would benefit from tax efficient growth in the fund AND be provided with a preferential tax rate on drawdown. That would constitute a double tax benefit, which I doubt the tax authorities would approve of.  It doesn't matter what you or I think! The interesting point here is that even with all this information and supposition, the reality is that your commercialista can still choose to apply any method of taxation that falls in any of the different models because the legislation doesn't exist to do otherwise. Therefore, the best you can do is to take a guess.    Attention, however, because the Interpello from 27th May 2020 gives a pretty good outline into the thinking of the Agenzia regarding the EET model, in that when payments are taken they should be taxed at income tax rates, not the 15% preferential tax rate. If you are advised to, or you choose to apply the 15% preferential tax model, there is always the chance that the Ageniza could come looking at some point in the future. It's highly unlikely given the circumstances, (in my opinion), but not beyond imagination.   Given the complexity around pensions it comes as no surprise that it is often easier to bury one's head in the sand rather than checking exactly what you have and how it should be declared. If you have any doubts then you can always contact me for a free no-obligation analysis of your situation. It is a part of the overall service package that I provide to clients and others looking to regularise their pensions arrangements in Italy. For clients, I also liaise with their commercialista directly to clarify their current choices and determine if anything should be done differently.  Staying on the subject of pensions For anyone who is intending on living away from the UK permanently, we have over recent years been helping clients review existing UK private pension arrangements to determine whether a QROPS transfer may be appropriate. This is a type of overseas pension, which operates like a UK private pension plan, is always domiciled in Europe for EU resident individuals and is operated under an EU framework of compliance and oversight.    Since the UK's exit from the EU we have been wondering whether the UK would stop the possibility to move pension monies from the UK into the EU to slow money flows out of the country, out of spite or any other number of reasons relating to the future relationship with the EU. To date this has not happened, but could be announced in any UK budget. (the next budget has been announced for the 27th October 2021). There are potential tax consequences of having a UK pension plan which is now no longer 'harmonised' with EU legislation and there could be adverse tax consequences in the future. In addition, moving pensions to QROPS is considered removing a tie to the UK for anyone looking to remove UK domicile for inheritance tax purposes. Therefore, if you have a private personal pension arrangement that you are waiting to receive benefits from and /or drawing down from, I can offer a free analysis of the benefits of transferring it away from the UK.   Should you be interested in a no obligation pension review then you can contact me on gareth.horsfall@spectrum-ifa.com or call/message me on 3336492356.

I think I might be a communist!

 

Is communism the way forward? 
 

Whilst on holiday, peering out over turquoise bays, ones mind starts to wander and what better route to take than pondering whether communism really has some postive aspects which we, in the capitalist world, would do very well to replicate. 

I think my mind has had the space to wander into this rather philosophical space because there has been little to discuss on the Italian tax front (one of my favourite topics). We are waiting for the big announcement on exactly how Mario Draghi intends to overhaul the tax system in Italy and that decision is 'supposedly' being announced shortly (but will likely take longer than expected, as is always the case in Italy!). As soon as I know anything I will let you know. 

So to continue my thought wanderings I thought we should talk about China. 

But before I get into the detail, I want to write about a conversation I had with some clients (who shall remain nameless), who took a long trip along the old Silk Road some years ago.  They had been amazed at the development they had seen along the old route, and that it had mainly been funded by China.  They also travelled in China itself and commented on the magnificence of its technological and infrastructure progress. These clients, who I would say could easily be classified as socialists and defenders of free speech, said that given what they had seen and the speed at which China can just 'get on and do things without arguing about it' does make you wonder 'if there is some merit to their form of communism'.  

And with that thought in mind, this newsletter will explore some of those aspects of Chinese governance. This newsletter was inspired by a blog post I recently read from an asset manager called David Coombes at Rathbones Asset Management (a collaborative partner to The Spectrum IFA Group).  His blog puts some recent issues surrounding China's political decisions in a new and interesting light.

So what is happening in China?

Late 2020, Chinese regulators stepped in and forced Ant Group, a digital payments spin-off from ecommerce giant Alibaba, to abandon its stock market listing on the Shanghai exchange. More recently ride-sharing app Didi Chuxing was pulled from Chinese app stores days after it brushed aside regulatory concerns about data security to list on the stockmarket in New York.  In addition, the Chinese authorities have levied a record $2.8 billion fine on Alibaba for anti-trust violations, and regulators are investigating food delivery app Meituan and internet and gaming conglomerate Tencent for the same issues.

Not only are they attacking the tech industry but the government, in an overnight decision, seemingly abolished 'for-profit' education in core subjects for kids up to 15 years old, sending an entire private education industry into complete chaos.

Many investors are concerned about a wider crackdown across multiple industries.

The way of the Dragon!

Before we become too shocked by how the Western media portray decisions by the Chinese government, it is a good idea to look at the problems from a Chinese perspective rather than only through our Western lens. China, in much the same way as the West, is struggling with the tremendous power that Chinese online giants now wield over various sections of society. They have created a kind of 'winner-takes-all' online marketplace in technology and data. Equally Chinese families are now have to pay increasingly large fees to send their children to school to get even a half decent education.

Does all this sound too familiar?

If so, let me ask you a few questions:

* Do you think that big tech firms( Amazon, Google, Facebook, Apple etc) play a much too important role in our lives and do you think they should be more heavily regulated in the way they keep and use our data?
* Do you think that big tech firms should pay more tax?
* Do you know anyone with kids who is paying a fortune for private education? From supplementary English, sports or music lessons and /or having to pay a small fortune in nursery costs to secure a place in a good nursery school for their kids?

Technology

I don't know many people these days who can easily defend the growing, and rather worrying power of the tech companies in and on our societies. I, personally, am concerned about the use of data, the power of their lobbying and their continued 'legal' tax avoidance (Amazon paid an effective tax rate of 1.2% in 2020 when their marketplace exploded with Covid stay at home policies, which drove even more people to online shopping!). Yet, in many ways we are slave to these beasts. I couldn't run a business without them, and they do make life much easier.

Education

The Chinese authorities felt that competition in education was putting too much pressure on children and creating a financial drain on parents that is possibly slowing the birth rate and affecting property prices. This was putting children of less wealthy parents at a huge disadvantage. Sounds oh so familiar! Some '3 year old' Chinese children were receiving extra tuition to prep for entry exams to get a place in kindergarten. The Chinese government says this was having a negative impact on the social cohesion of the country. As a father, I think I have to agree!

China does what the West keeps talking about.

Could it be that China have looked at the Western model and decided it would like to introduce more regulation to benefit families and the populous, instead of corporations? Given they are named the 'Central People's Government' one might be forgiven for thinking that they are looking at putting people first and corporate expansion second. Wouldn't it be nice if our own governments could do the same?

 

Do you prefer democracy or dictatorship?

The truth of the matter is that Chinese leaders don’t pull any punches when they want to implement new policy. They don't need to put it to a public vote; they can do it overnight. This means that businesses, small and large, suffer hugely as a result. I would be very worried as a father, contributor to the family purse and businessman if the Italian government had the power to introduce legislation which effectively put me out of business overnight.

So, what do I prefer: democracy or dictatorship? In all honesty, I think I am a middle-ground man. I don't think either work well. I think I would probably choose to compare socialism versus capitalism as economic models and once again, I don't think either work well in the extreme. I think that we live in an advanced capitalist society in the West which should be reigned in through more regulation in these new and influential sectors. What is perpetually annoying is that I work in financial services which is one of the most heavily regulated businesses and yet we have the big tech firms, the new world of 'influencers' and the online world which is largely unregulated and can operate in whichever way it pleases. Maybe China has got it right and they are trying to create a more socially cohesive society.

So should you still invest in China?

You could actually think of the Chinese Government intervention as ethically responsible politics. It is focussing on inequality and trying to improve society as a whole. If you look at it through that lens, then Chinese investment starts to look quite appealing.

That being said, it would be foolish to say that this doesn't come with some inherent underlying risks. Which industries / sectors might they attack next? And what about corruption, unquestionable power, individual rights etc? That is why it is important that when allocating a part of your portfolio to China, you must be precise – you can’t just buy a Chinese market tracker and expect explosive returns. It is a large market, but one that is still maturing. Company governance is going to have to improve from here or authorities won’t just fine you, they will close you down (or your whole industry!).

So whatever Western media might have us believe, it might just be that this inequality / social-pact shake-up is a sign that China might be a better place to invest over the next decade. And whilst we always advise caution when investing, in line with your own risk profile and using well established, competent asset managers, I would expect to see some allocation to China in almost everyone's portfolio.

As always, if you have any questions about this newsletter, or would like to contact me about your financial and/or tax planning needs in Italy, then feel free to get in touch on gareth.horsfall@spectrum-ifa.com or on cell +39 333 649 2356.

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Buon Ferragosto

 

I wish you a Buon ferragosto and I hope you manage to stay cool in the 'Lucifero' African anticyclone currently covering the country. Keep your anguria close at hand!  As I write this newsletter, I notice that the hottest ever recorded temperature in Europe has been set in Siciliy at 48.8 degrees Celcius! PHEW!  As always, if you have any questions or would like to contact me about your financial  and/or tax planning needs in  Italy, then feel free to get in touch on gareth.horsfall@spectrum-ifa.com or on cell +39 333 649 2356.

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The Common Reporting Standard

 

I want to go over some old ground, which will show why getting your declaration right in Italy is becoming more and more important.  I remember well, during the spring back in 2014/15 when I was contacted by a large number of people who had recently been contacted by the Agenzia delle Entrate (AdE) for unreported assets in their Italian tax return, or in a high number of cases, failure to even submit an Italian tax return for income/assets that they held overseas.    This is now happening again but with more rigour!   This is all coming about because of The Common Reporting Standard and Automatic Exchange of Information (AEOI).   These are international agreements that were developed by the 34 member states of the Organization for Economic Cooperation and Development (of which Italy was one) via its permanent “Global Tax Forum”. AEOI was designed to help combat cross-border tax evasion by individuals who were not reporting and paying applicable taxes on assets held through non-domestic financial institutions, whether these assets are held in the name of the individual or through certain offshore entities such as companies, trusts, foundations, partnerships and similar. It is primarily focused on individuals and “passive” income (i.e. dividends, interest, capital gains, etc.). It came into force in 2017 but information was backdated to the 1st January 2016.    How does Italy know if I have assets abroad? Have you been contacted in the last few years to provide your TIN. (Tax Identification Number) to your overseas bank and/or financial institution? I have, on numerous occasions! If you a resident in Italy this number is your codice fiscale in the UK it would be your National Insurance number and in the US, your social security number, to name a few.  It is now a legal requirement to provide your TIN number on any financial contracts that you adhere to, be it banks accounts, investment portfolios, insurance policies, or other financial instruments. I have a small investment account with Hargreaves Lansdown in the UK and was recently contacted by them to update my codice fiscale. Through an error in their systems they had failed to pick up on the fact that I had given it some years ago, but they were refusing to allow me access to my account if I did not provide it again. It got resolved, but it shows you how seriously this is now being taken when financial institutions will block access to your accounts if you don't provide them with the information needed to share information with the correct tax authorities.    What information will they share about me?  Under the Common Reporting Standard the financial information reported includes the name, address and tax identification number (where applicable) of the asset owner; the balance/value, interest and dividend payments and gross proceeds from the sale of financial assets. The financial institutions that need to report include banks, custodians, financial institutions, investment entities such as investment funds, certain insurance companies, trusts and foundations. The tax authority will receive much more information than ever before and even simple bank account balances showing money coming in and out can raise red flags and the AdE can choose to investigate where the source of the money came from.  Is this new?  Exchange of financial information across Europe has been going on for a long time now and can be traced back to the introduction of the European Savings Tax Directive 2005. The Common Reporting Standard is an enhancement of this. I remember that in 2012 when I was contacted by a number of UK rental property owners who had been legitimately declaring their UK property income in the UK for tax purposes. However, as residents in Italy they had not declared anything because they didn't know they had to. A clear exchange of information took place and the Guardia di Finanza did a significant number of visits to these people to fine them.  ***This is also happening again this year! We are seeing the AdE issuing letters for unreported income going back as far as 2015/2016***    ***The Covid crisis has sharpened the eyes of the tax authorities as they are now searching desperately for more tax revenue lost through the pandemic. We have seen AdE activity rise since the start of the year and even seemingly small mistakes on tax returns or undeclared assets are being investigated***   Low hanging fruit! Remember that with the kind of information that the tax authorities are receiving from one another, we really are the lowest hanging fruit to pick from. Easy pickings! So, my advice is always the same. The past cannot be corrected but you can change your future. Hiding and hoping the problem will go away is not an option. The only solution is to get your financial situation 'in regola'.    What will I pay? How you declare your money and how much you will pay to regularise your situation is a question that can only be answered by a commercialista, but it does make sense to have a look at your whole financial situation beforehand to see what damage limitation you can do by planning efficiently as a tax resident in Italy.    "Never look back unless you are planning to go that way" If you would like to talk to me about this blog or anything else then you can drop me a line on gareth.horsfall@spectrum-ifa.com or call me on 3336492356        SIGN UP TO MY EZINE.  If you received my Ezine from family members, friends, or it was forwarded to you then feel free to sign up yourself.  Just click HERE

No Excuses

 

Excuses that will not fly with the Agenzia delle Entrate 
 

You wouldn't believe it, but I started venturing out last week. I actually visited some clients and spent time with people, in the flesh, who exist outside my social bubble! It really was quite a bizarre experience because the first thing that hit me was that apart from the fist bumping and/ or deliberate distancing, that the relationship had not changed one iota. It was business as usual, which I found odd at first because after everything we have been going through I assumed that maybe that things would have changed a bit. I am now totally convinced that it will be business as usual once this phase passes!

So I am going to let life take steps to getting back to normal and move onto important financial matters. This blog is entitled 'Excuses that will not fly' because since tax reporting time is upon us again, I thought I would look at the most common excuses that I have heard over the years when it comes to reporting taxes correctly...and I have heard a few! I also want to cover the Common Reporting Standard again, what it is and why it is very important that you get the tax reporting right every time. 
 

Excuses excuses

 

I have to be honest and say that I have heard probably every excuse possible for not having made tax declarations in Italy, and whilst in many cases I do actually feel quite sorry for the person, because it is a genuine mistake mainly due to lack of knowledge, excuses will not fly with the Agenzia delle Entrate (AdE), no matter what your intentions were. 

So here are the top excuses that the Agenzia delle Entrate do not care about. 

1.   I didn't know I had to. 

This has to be at No 1 because it is the most common one I have heard over the years. Needless to say the AdE has no interest in whether you knew you had to do something or not. It is your responsibility to get informed, and failure to take the right advice or do the right thing means you are liable for all back taxes if they catch up with you.  

2.  I am not a tax resident. 

I have written about this many times in the past. If you are registered as resident in Italy, i.e. you have registered at the comune and are registered at the Anagrafe, then you are more than likely, in the eyes of the AdE, going to be considered fiscally tax resident as well. Just because you live in another country for more than 183 days per calendar year and your main work and/or family interest are outside Italy, it does not matter to the tax authorities. You have registered to say you are resident and therefore they can legitimately come after you for taxes. 
 

 

I was recently contacted by someone who said that she had been registered as resident in Italy since 2007, when she bought a house, but the home had only ever been used as a holiday home (she was informed by the estate agent that if she registered as resident then she would only have to pay 2% VAT on the purchase rather than 9%). However, the registration meant that she was also fiscally tax resident. The tax authorities have recently contacted her to ask for all back taxes in the last 5 years on her worldwide incomes, assets and gains.   

The only way to resolve this now is to put a case forward to demonstrate than she was UK tax resident and falls under the double taxation treaty. That will likely mean lawyers and accountants needing to get involved and an extensive negotiation with the AdE and the UK tax authorities. In addition, they can legitimately ask for all the taxes to be paid whilst the situation is resolved. 

One simple rule to remember is that if you want to simply own a holiday home and have no intention of becoming a fiscal tax resident in Italy then do NOT, under any circumstances, register as resident at your comune! 

**A small note here, just to say that because of Brexit a number of Brits asked me about taking residency, pre 31 December 2020 as a way of getting around the travel restrictions imposed by the EU for non-EU citizens: 90 days in 180 day travel in the Schengen area. The answer is very simply that it is not possible unless you want to be on the radar for taxes as well. It is an all or nothing situation!**

3.  I am covered by the double taxation treaty (DTA) between my country and Italy, and therefore considered non-resident. 

This is one that I also hear often and stems from a misunderstanding of the DTA. The tie-breaker clause in the DTA states that where two states cannot agree on the residence of an individual then a number of criteria will be applied to determine the residency of the said person. 

This might seem cut and dried, but if you register as resident in Italy but maintain your family/work/social and business interests in another country it DOES NOT mean that you automatically fall under your home country rule. In reality Italy, as any other country, could ask you to pay your taxes for your time registered as resident. You would be expected to pay and then deal with the respective tax authorities to reach a ruling as to exactly where your actual residence lay in those years. The important part to note is that, if asked, you would be expected to pay your outstanding taxes and then claim them back! Better to plan your residency carefully before a permanent move or a simple house purchase. 

4.  My commercialista told me not to declare it. 

This is another well-worn example of getting informed before you decide a course of action. The simple rule with the commercialista is that whatever they 'advise' must be written down either in an email or on headed paper and signed. The excuse that they told you not to do it, which you later find out not to be correct, will not pass AdE inspection. In addition, if it isn't written down then you have no come back against the commercialista if they have advised you incorrectly. All commercilisati have to hold professional insurance in the case of them giving bad advise, but no evidence, no claim!  

Commercialisti are in general good at what they do, but you may find that your local firm is more knowledgeable about running a local agriturismo business than how to advise 'stranieri' with their overseas tax declaration. I now speak and intermediate with my clients' commercialisti to ensure a) they know what products they are dealing with and b) how they should be declared. Most commercialisti are willing and want to learn and very frequently tell me something I was not aware of either. 
 

One quick rule: If your commercialista tells you that you don't have to declare something then go and find another one. Everything needs to be declared in Italy!

5.  I pay tax already on my house in the country where it is located. Why I should pay the Italians as well? 

I can't recount how many times I have heard this one and whilst I understand the feelings around paying taxes in one state and then having to declare them again in Italy, these are the rules. Property is a fixed asset, and by fixed I mean physically fixed to the ground (unless it's a caravan!) and therefore you must, by law, declare the asset and income from it in the country where it is located, first. Once you have been through that process you then need to declare it in Italy in the same way. If there is a double taxation treaty between Italy and the country in which the property is located, and it covers property specifically, then you should be able to claim a tax credit for any tax paid. You will therefore end up only paying tax in Italy at Italian rates.   

I often hear people tell me that their commercialista has said that they cannot deduct expenses in Italy. This is correct. If your property is located in the UK, for example, then you cannot deduct any UK generated expenses 'directly' in your Italian tax return. However, this misses the point that they can still be deducted. You can and should still apply allowable expenses in the UK (in this example).  In Italy, you report the UK income generated after UK allowable expenses. 
 

6.  I don't want to declare that for tax in Italy, it was a gift. 

This is one I don't hear so often but it comes up every now and again. You may have received a gift from someone or received an inheritance as part of the distribution from an estate and obviously taxes may need to have been paid in the state where the estate is administered. Once you receive the money then it needs to be declared in Italy in whatever form you choose to hold it, annually. The gift/inheritance will not be taxed again as Italy respects the fact that taxes have already been paid on the gift/inheritance. Therefore, not declaring the monies you receive doesn't make any sense and would be merely seen as a deliberate attempt to hide money from the tax authorities.   

7.   My 'stranieri' friends have been living in Italy for years and none of them pay tax in Italy. 

These excuses are not in any particular order because if they were then this one would be nearer the top of the list. It's a common one and makes me sigh with despair every time I hear it. It is also my favourite!

The chances are that your friends are not doing what they should be doing and it is only a matter of time before they get picked up by the tax authorities. I know there are plenty of people who are living in Italy, and have been for many years, without having made any declaration to the Italian state. I don't think I need to say that this is 100% illegal and is advice that should not be followed!    

For EU nationals, taking the risk of hiding under the EU Freedom of movement directive seems to be an option that some are happy to take. They remain resident in their home country but live in Italy all year round. Admittedly, I think they would be hard to find, but then they are not registered in the Italian system, are unable to buy a car or claim on the state for medical or other benefits. 

Those people who are registered as resident, but also failing to declare themselves as fiscally tax resident in Italy are in a much more precarious situation and given the recent example, (as highlighted above in excuse No 2), then it is not a position that I would want to be putting myself into. 

For non-EU nationals, then it is cut and dried. If you obtain a Permesso di Soggiorno to remain in Italy for over 6 months a year, then you are fiscally tax resident. If you fail to declare your taxes in Italy, and are subsequently contacted by the Agenzia delle Entrate, then you can't say that you weren't warned. 

I think that finishes the list of excuses. Clearly it is not a definitive list. I am sure there are more but these are the most frequent that I hear. I hope that they provide you with some direction if you are wondering about what or how to declare in Italy. I have a very simple mantra which I stick to which may also help you: 
 

IF IN DOUBT DECLARE THE ACCOUNT!

If you would like to talk to me about this blog or anything else then you can drop me a line on gareth.horsfall@spectrum-ifa.com or call me on 3336492356

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Conspiracy theories

 

Conspiracy theories I am not one for conspiracy theories surrounding Covid, but sometimes you come across passages when reading various books and you can't help but wonder if there is something more going on than meets the eye. I have been revisiting a book called the 'Sovereign Individual' written in 1997 (24 years ago!) by James Dale Davidson and Lord William Rees-Mogg (yes, he is the father of that rather cringe worthy politician Jacob Rees-Mogg and ex-editor of The Times newspaper).   The book is about the rise of the Information Age, the internet and the effect it would have on all our lives, the politics and the actions that individuals and governments will need to take as a result of its impact on our lives. For the record, I don't agree with the general conclusion that one should seek out tax havens and move ourselves and our money until we find the lowest tax jurisdiction that will host us (that's the general theme of the book). But the book itself reads like a prophecy for the future. Its conclusions are eerily accurate. To put this into context, a few things about the internet in 1997:  Google.com did not exist In January 1996 there were only 100,000 websites globally. In 2008 there were more than 160 million. The web browser of choice was Netscape Navigator, followed by Microsoft Internet Explorer as a distant second. Do you remember dial-up internet connections, when it took about 5 minutes to load an internet page? Well, highly modern 56Kbps modems arrived in 1997. In 1997 Steve Jobs returned to Apple to take it over after being ousted by the directors years earlier. So, I think we can agree that the internet was in its infancy in 1997!!  In the book, they talk about how the internet will allow individuals and money to become globally mobile and neither will be bound by state borders as they previously had (that sounds about right). This would result in governments needing to find ways to restrict capital and labour flows across national borders.  One hypothesis that they come up with to deal with this does make you wonder if they had a crystal ball for the future. Read the text below:  The wealthy OECD countries impose heavy tax and regulatory burdens upon individuals doing business within their borders. These costs may have been tolerable when the OECD nation-states were the only jurisdictions in which one could do business and reside at a reasonable level of comfort. That day has passed. The premium paid to be taxed and regulated as a resident of the richest nation-states no longer repays its cost. It will be ever less tolerable as competition between jurisdictions intensifies. Those with the earnings ability and capital to meet the competitive challenges of the Information Age will be able to locate anywhere and do business anywhere. With a choice of domiciles, only the most patriotic or stupid will continue to reside in high-tax countries. For this reason, it is expected that one or more nation-states will undertake covert action to subvert the appeal of transience. Travel could be effectively discouraged by biological warfare, such as the outbreak of a deadly epidemic. This could not only discourage the desire to travel, it could also give jurisdictions throughout the globe an excuse to seal their borders and limit immigration.  It does make me wonder if someone read this book and then decided to run with it as an idea! Quite eerie in its accuracy.

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Non-EUR based cash deposits: the 7 day tax rule

 Non-EUR based cash deposits: the 7 day tax rule

Inspiration for this blog came from a client (they often do) who fell into one of those sneaky little finance laws in Italy that not many know about, nor really pay much attention to, including the Agenzia delle Entrate (AdE) so it would seem. However, laws are laws and as I have written many times before, the rollout of the Common Reporting Standard in 2016: the international accord to share financial and tax information between different countries is appearing more and more on my radar. I now get a steady stream of people who say they have received a letter from the AdE asking them to declare their financial position regarding assets/monies held abroad. 

In the case of the subject of this blog, this is not a law which has, as yet, been specifically identified by the AdE, but one might argue it is only a matter of time. 

 

 

€51645,69
or
1 million lira
 

The figure quoted above is important in relation to how much money you hold in deposits in foreign currencies (cumulatively) at any one time.     

There is a part of the Italian tax law (L’art.67, comma 1-ter del Tuir) relating to the application of capital gains taxes and capital losses, which would appear to be little understood by most. 

The law states that where you hold over €51645,69, (1million lira equivalent) cumulatively, in foreign currency accounts (non EUR) for a 'period of over 7 days', then when you transfer any of that money into EUR (or another currency), the amount exchanged is automatically subject to the calculation of capital gains tax (or losses) in Italy, because the transaction of changing money from one currency to another itself, is assumed, after 7 days of the money being held in deposit, to be a speculative transaction as the result of a 'trading operation' instead of merely a conversion of currency for any other means. 
 

How do I calculate my gains?
This is where it gets a bit complicated as you might imagine and is not quite as simple as the image above would make you believe.   

Without wishing to go into too much detail in this E-zine, you take the amount of euros (or other currency) that you end up with in your account 'after exchange', but then need to refer to a EUR cost of those monies at the time at which you originally received that foreign currency. You convert that sum into EUR using the Banca D'Italia exchange rate on the specific date or dates when they landed in your account, depending on whether you received the funds in one go or if they were accumulated over time.   

As you might imagine this could be hellishly complicated if you have been receiving monies in from various sources over a period of time. However, reference would have to be made to each deposit in non-EUR currency, and a EUR equivalent calculated on the day when it was deposited in the account. In the case where deposits are not documented, for whatever reason, then the Agenzia delle Entrate will refer to the worst monthly conversion rate to EUR for that said currency, in the tax period in which the liability arises (i.e. calendar year). This could work in your favour in some cases, and create additional tax liabilities in others, so care needs to be taken.  

Finally, if you do not convert all the funds in your foreign currency account into EUR then the 'last in first out' principle applies. This means you must refer to the latest deposit/s in any of your foreign currency accounts, which equate to the sum which you have exchanged to EUR or other currency, and use the Euro conversion value on the date that those funds arrived in your account.   

Sound complicated?  

It is!
 

The client I referred to at the start of this email was pulled up by her bank because the bank itself, Fineco, is Italian, and therefore where they see or suspect a specific activity they must warn the client that they need to take remedial action (in this specific tax case it is the declaration on the Modello 770).

In truth, a lot of you are using various currency exchange services, the most recent being Wise (ex-Transferwise). They are not an Italian institution and therefore are not obligated to tell you about this law, should it apply to you. The onus is on you to ensure that you make your tax declarations correctly and timely. However, without working knowledge of laws such as this one, then it is unlikely that you are going to do what you are supposed to do unless advised by someone like myself, or your commercialista highlights the fact to you.  

I hold more than €51645,69 in non-Euro deposits - what do I do now?

Before we start worrying about any capital gains tax or losses, there is the usual requirement to ensure that any foreign currency accounts are declared in your tax return every year and you pay the €34.20 'bollo' per account. 

In addition, we have this extra requirement that if you do hold 'more than' €51645,69 in foreign currency deposits in any one calendar year, you are a resident in Italy, and have held the funds on cash deposit for more than 7 days, and exchange some of that deposited money into another currency (euro or any other) then you have an obligation to calculate any potential profit/loss as a result of the exchange. 

To avoid this law the simple answer is to bring the euro value of your foreign currency deposits under this €51645,69 and ensure they stay under every year.  

If you are potentially in this situation then it might simply mean looking at your overall financial planning and whether you a) need to keep high deposits and b) seeing if you can find alternatives, such as money market accounts or low risk investments, whilst meeting any shorter term cash requirements that you may have.  

If you are unsure of your options or the way forward as a result of this law, then you can contact me to discuss your options on gareth.horsfall@spectrum-ifa.com or on cell +39 333 649 2356