Newsalert | Tax 14/04/2025

With Ruling No. 93 of April 9, 2025, the Italian Tax Authorities clarified the conditions to apply the withholding tax exemption on interest payments made by an Italian listed real estate investment company (Società di Investimento Immobiliare Quotata – SIIQ) to its parent company resident in another EU Member State.

The clarification confirms that the exemption under Article 26-quater of Presidential Decree No. 600/1973 may apply also where the interest is paid by a SIIQ, a vehicle benefiting from a partial corporate income tax exemption regime. According to the Italian Tax Authorities, the fact that the SIIQ benefits from a partial exemption does not, per se, preclude the application of the withholding tax exemption, provided that all other conditions are met (e.g. beneficial ownership, anti-abuse provisions, and residence requirements).

In the latest newsalert, Chiomenti Professionals analyse the clarification issued by the Italian Tax Authorities which, although specifically applicable to a SIIQ, has broader interpretative meaning so to be potentially extended forms of tax relief regimes.