WebsiteManager

About WebsiteManager

Claudio Del Giudice is a qualified Italian lawyer (Avvocato) and an English Solicitor. He specialises in Italian property and succession law as Avvocato and in debt collection and company commercial work as a solicitor. He is a sole practitioner in London.

Taxation of trusts in Italy: Three steps forward …

Notwithstanding some relatively recent legislation, trusts have still a difficult life in Italy. From a tax point of view, there has been an ongoing conflict between the Italian Revenue and trustees / their professional advisers on when and how trusts should be taxed. Not surprisingly, since 2006 the Italian Revenue (Agenzia delle Entrate) has been [...]

By | July 4th, 2019|Italian News|0 Comments

Londra: inadempimento contrattuale, e` dovuta anche la penale ?

Secondo la Common Law una clausola penale (Penalty clause) pura, definita come obbligazione contrattuale secondaria ai sensi della quale la parte inadempiente deve pagare alla controparte una  somma determinata che non rappresenta l` ammontare della perdita ed e` ben superiore / sproporzionata rispetto ai danni da inadempimento, e` invalida e come tale non puo` essere [...]

By | April 23rd, 2019|Novita`In UK|0 Comments

When is a property purchase void, because of a breach of planning regulations? The Italian Supreme Court draws the line.

A specially constituted Italian Supreme Court has recently issued an important ruling which establishes when a breach of planning regulations invalidates a purported sale of Italian property. This is the most extreme penalty for a breach of planning regulations. A buyer may go through the purchase process, pay the price but fail to acquire title [...]

By | April 18th, 2019|Italian News|0 Comments

Recent Italian property statistics: continuing improvement of the residential market.

Recent official statistics point to continuing, slow improvement of the Italian property market. On 21.11.2108 Banca d` Italia (the Italian central bank) published a business survey (Sondaggio congiunturale sul mercato delle abitazioni in Italia) of 1,441 Italian estate agents. Agents reporting price reductions have reduced (down to 16.3 % from 19.5 % of July 2018), [...]

By | December 24th, 2018|Italian News|0 Comments

Italian property equity release – an outline

Because the Italian property market has been stationary for some time now, owners of Italian properties sometimes look for alternative ways of releasing some equity from their properties without actually selling them. The pros of these options tend to be that apart from getting some liquidity, the owner can continue to enjoy his Italian property. The [...]

By | December 15th, 2018|Italian News|0 Comments

“Domicile”: domicilio secondo la Common law

Una recente sentenza della Corte d` Appello di Londra e` un elegante riepilogo del concetto di “Domicile” secondo la legge inglese che non deve essere confuso con l`omonimo italiano, il diverso concetto / termine tecnico giuridico di “Domicilio”, come definito dall` art. 43 del Codice Civile. Il concetto di Domicile e` fondamentale nel diritto privato [...]

By | November 10th, 2018|Novita`In UK|0 Comments

Don`t delay completing your Italian property acquisition

A recent judgement of the Italian Supreme Court published in February 2018 is the epilogue of a sad story of the Italian couple, who delayed the completion of their property acquisition, only to see their property being taken away from them and purchase price they had paid lost in the whirlwind of their vendor`s insolvency. [...]

By | May 23rd, 2018|Italian News|0 Comments

Focus on Italian estate agents: their duties and responsibilities

Buying or selling Italian residential properties frequently involves the assistance of local Italian estate agents. It is important to establish the right relationship from the very beginning, crucially before any document is signed and any money is paid. It is also important to realise that Italian estate agency law is very different from the English [...]

By | January 15th, 2018|Italian News|0 Comments

Regno Unito, il nuovo reato societario di favoreggiamento dell` evasione fiscale (Failure to prevent facilitation of tax evasion)

Il Regno Unito si sta organizzando per combattere l` evasione fiscale internazionale, a tutti i livelli. Il 30 settembre 2017 e` entrata in vigore la parte del Criminal Finances Act 2017 che punisce il reato societario di “favoreggiamento dell` evasione fiscale” (Corporate Offence of failure to prevent tax evasion). E` una risposta alla dottrina della [...]

By | January 1st, 2018|Novita`In UK|0 Comments

“Prima Casa” a gift with strings attached

Frequently, the foreign property buyer of an Italian residential property is presented, in the confusion of the completion of his Italian acquisition, in the notary`s office and with garbled explanations, with the question: do you wish to pay Italian Registration Tax (Imposta di Registro) at the full 9% rate, or would you rather prefer to [...]

By | December 26th, 2017|Italian News|0 Comments