Italian News

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A foreign jurisdiction clause will not defeat the Italian “Forced heirship rules”.

A specially constituted Italian Supreme Court (Corte Suprema di Cassazione) rejected on 20.06.2014 the proposed application of a foreign jurisdiction clause in a foreign trust deed, where such trust conflicted with the Italian “forced heirship rules” (Successione necessaria) - this is Italian legislation which grants to the members of the Deceased`s family a minimum, statutory [...]

By | October 31st, 2016|Italian News|0 Comments

Italian Constitutional Court strikes out landlords` anti-avoidance legislation

A recent ruling of the Italian Constitutional Court has repealed with immediate effect anti avoidance regulations aimed at tax evading Italian landlords dating back to 2011. Because of the immediate effects of this ruling and the operation of the abrogated legislation over the past three years, complex issues are now left open for interpretation. Following [...]

By | October 31st, 2016|Italian News|0 Comments

2014 – New Year, New selling procedures and New lower taxes to improve the Italian property market

New legislation, coming into force on the 1st January 2014 will make substantial changes, actual improvements to the way the Italian property market works. New, improved selling / buying procedures are introduced. At the same time, the taxation of Italian properties will also change. Reduced rates of tax will become applicable to property transfers, new taxes [...]

By | October 31st, 2016|Italian News|0 Comments

Compulsory mediation is re-introduced in Italy.

From 21st September 2013 mediation has been formally re-introduced in Italy as a compulsory step, for some disputes, before the parties may apply to the courts. Mediation has had a checkered life in Italy. Introduced in 2010 as an attempt to deflate the spiralling burden of litigation and of arrears pending in the Italian courts, [...]

By | October 23rd, 2016|Italian News|0 Comments

The new energy performance certificate: how an A.C.E. turned into an A.P.E.

On the 6th June 2013 new legislation was brought into force in Italy to implement, once again, what is currently Directive 2010/31/EU on the energy performance of buildings. Under this new legislation, the name of Italian energy performance certificates (previously called “Attestato di Certificazione Energetica” or ACE for short) was changed to “Attestato di Prestazione [...]

By | October 23rd, 2016|Italian News|0 Comments

The fluctuating liability of a flat owner for his Condominio`s debts and obligations.

If you own a flat in Italy as part of a block of flats, what is the extent of your liability for the debts and obligations arising from the common parts of the building, or, in Italian legal terms, of your “Condominio ” ? Is there a risk that you may be required to pay [...]

By | October 23rd, 2016|Italian News|0 Comments

Changes to the management of blocks of flats: the new “Condominio”rules.

The Italian Parliament has updated legislation relating to use and maintenance of common parts in buildings / block of flats (“Condominio ”) which, until recently, dated back to 1942, the origins of the current Italian civil code. This new legislation is nothing short of revolutionary. Hopefully it will mark a positive change in the life [...]

By | October 23rd, 2016|Italian News|0 Comments

New rules on Italian foodstuff contracts or Italian food made “hotter”.

On 24th October 2012 new provisions regulating wholesale food and produce contracts (“Contratti agroalimentari “) in Italy, lost in a wide ranging raft of new legislation (issued in January and aiming to revive the economy), have come into force. The effects for anyone buying food wholesale from Italian suppliers are extensive and unless great care [...]

By | October 23rd, 2016|Italian News|0 Comments

“IVIE” or the Italian tax on foreign properties is now due !

At the end of last year the Italian Parliament passed legislation introducing an Italian tax on foreign properties (“IVIE” or “Imposta sul Valore Immobili Esteri“) and on foreign financial assets (“IVAFE” or “Imposta sul valore delle Attivita` Finanziarie detenute all` Estero“) held by taxpayers (whatever their nationality) resident in Italy. So for instance, British citizens [...]

By | October 23rd, 2016|Italian News|0 Comments

In the Italian Courts …..

19.09.2011 - Liability of incompetent / dishonest estate agents - In this case an Italian estate agent had eagerly pressurized a buyer to sign a preliminary contract for the purchase of a property, to pay the deposit and the agent`s full commission. In bringing pressure to bear on the buyer, the agent had also repeatedly [...]

By | October 23rd, 2016|Italian News|0 Comments