Tax Alert | 2023 Budget Law (4/4)

New Italian rule on the taxation of capital gains realized by non-resident investors on the sale of a participation in non-resident vehicles owning (directly or indirectly) real estate assets located in Italy. The new rule is aimed at expanding the scope of the Italian taxation of capital gains whose value derives, more than 50%, directly or indirectly, from real estate assets in Italy.

The new rule is consistent with Article 13(4) of the OECD Model Tax Convention and with Article 9 of the OECD Multilateral Convention.