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We are publishing a series of guides on how each EU member state has implemented DAC6. The guide provides a preview to our full up-to-date country-by-country guide to DAC6.
Our next guide focusses on the Italy’s implementation of DAC6.
This blog was originally published in July 2020 and was updated in January 2021.
Has Italy implemented DAC6?
Legislation Details
Italy’s tax authority, Ministero dell’Economia e delle finanze (Ministry of Economy and Finance), published DAC6 draft legislation, called Legislative Decree no. 100 / 30 July 2020.
Taxes covered
Italy’s legislation covers cross-border arrangements. The legislation is in line with the EU Directive and does not include domestic arrangements or any additional hallmarks.
Legal Professional Privilege
LPP applies in Italy in the following cases, to lawyers and legal service providers:
- in case of an examination and assessment of the legal position of the client, including advice on the possibility to bring or avoid legal proceedings
- activities of defence and assistance in legal proceedings, including information received or obtained before, during and after the conclusion of the proceedings
In cases where LPP and self-incrimination exemptions apply, the reporting obligation shifts to other intermediaries or the relevant tax payer.
Reporting
Reporting will be made via an EXML schema. The information should be submitted in Italian, and an English translation must be provided for some items.
Penalties
Penalties for non-compliance with the MDR regulation range between EUR 2,000 and EUR 21,000.
DAC6 resource page
VinciWorks regularly publishes helpful guides, on-demand webinars and articles related to DAC6. These resources are regularly updated as HMRC and other authoritative bodies update their guidance on DAC6 implementation. We will also be adding all of our DAC6 country profiles to the resource page.
You can view all of our DAC6 compliance resources by clicking on the button below.
