ITALY Law and Practice Contributed by: Giuliano Foglia, Foglia & Partners
OECD-Council of Europe Multilateral Convention on Mutual Administrative Assistance (“MAAT”) Italy is also a party to the MAAT, which contains provi - sions on the exchange of information, simultaneous tax examinations, tax examinations abroad, assis - tance in the recovery of tax claims and assistance in the service of documents. EU Directives on Administrative Cooperation (“DAC”) Italy has implemented all the so-called DACs, allowing the automatic exchange of information with EU Mem - ber States and third countries on the following topics: • employed income, pensions, directors’ fees, license fees, income from real estate and life insur - ance products (DAC 1); • banking information (DAC 2); • advance tax rulings and transfer pricing rulings (DAC 3); • country-by-country reporting (DAC 4); • cross-border arrangements (DAC 6); • digital platforms operations (DAC 7); and • crypto-assets (DAC 8). 7.2 Exchange of Information Clauses in Tax Agreements See 8.1 Availability and Legal Basis . 7.3 Other Forms of International Tax Collaboration Italy has been a party to the OECD ICAP since 2018. However, no ICAP case has been addressed. Italy has also concluded, pursuant to Article 26 of the OECD Model, 12 Working Arrangements to conduct simultaneous tax examinations (with Australia, Austria, Belgium, Denmark, Finland, France, Hungary, Norway, Poland, Slovakia, Sweden and the United States). 8. Mutual Agreement Procedures and Arbitration 8.1 Availability and Legal Basis Italy has implemented both the OECD-based MAP programme (“Treaty MAPs”) and the European ones (“EU MAP”).
criminal investigations may be transmitted to the Tax Authorities subject to the authorisation of the public prosecutor (see Article 63 of Presidential Decree No 633/1972 and Article 33 of Presidential Decree No 600/1973), while sources of evidence acquired dur - ing tax administrative proceedings can be lawfully acquired to the criminal proceeding only if the Ital - ian Tax Authorities have complied with the procedural safeguards laid down in the Italian Code of Criminal Procedure in collecting them (see Article 220 of the implementing provisions of the Italian Code of Crimi - nal Procedure). 7. Administrative Co-Operation 7.1 Legal Framework for Administrative Co- Operation Italy is a party to several legal instruments that foster administrative cooperation in tax matters. Bilateral Conventions The DTCs concluded by Italy, which are mainly drafted according to the OECD Model, contain a provision similar to Article 26 of the OECD Model, specifically allowing spontaneous and on-request exchange of information between contracting States. In addition, Italy has concluded eleven Tax Informa - tion Exchange Agreements (“TIEA”) (with Andorra, Bermuda, Cayman Islands, Cook Islands, Guernsey, Gibraltar, Isle of Man, Jersey, Liechtenstein, Monaco and Turkmenistan), based on the OECD TIEA Model, providing for mechanisms for the exchange of infor - mation on request. Multilateral Competent Authority Agreements (“MCAA”) Italy is a party, inter alia, to the following MCAAs: • for the automatic exchange of information on finan - cial accounts (CRS); • for the automatic exchange of Country-by-Country Reportings (CbCRs); • for the automatic exchange of GloBE information.
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