Italy

There are no deviations from the Directive.

There are no deviations from the Directive, thus distinguishing the so-called promotor and service provider. Only in the case of the service provider, we have a distinction between an entity with legal personality and not legal personality. In the first case the prevailing opinion is the notion should be applied to the entity and not to individual personnel employed by an entity; differently from what is provided for in the case of entities without legal personality.

If an MNE or an entity within a group has a tax department, the MNE or entity concerned could qualify as an intermediary (but not the tax department solely).

1. Design: this relates to the conception of the mechanism and consists of devising one or more steps which, if implemented, result in the achievement of one of the effects from which the obligation to disclose may arise; 2. Marketing: the activity aimed at making the mechanism available to the user and, generally, also includes the activities of dissemination, promotion and sale of the same; 3.Organization: consists of the preparation, coordination and monitoring of all the steps necessary for the concrete implementation of the mechanism; 4. Making available: when a cross-border mechanism is defined in all its constituent elements and communicated to potential users; 5. Independent management of the entire implementation: when the promoter, irrespective of whether the mechanism has been developed by itself or by a third party, carries out all the activities necessary for the implementation of the mechanism, even if for the benefit of a client.

There are no deviations from the Directive.

There are no deviations from the Directive.

There are no deviations from the Directive.

No, there are no deviations from the Directive.

There are no deviations from the Directive.

There are no deviations from the Directive.

There are no deviations from the Directive.

There are no deviations from the Directive.

In Italy, the revenue agency makes a check after notification.

National tax arrangements are not subject to reporting.

In Italy, are included taxes like IRPEF, IRES, and related additional taxes, IRAP, local taxes and other indirect taxes (registration tax, stamp duty), IVAFE and IVIE.

There are no deviations from the Directive.

There are no deviations from the Directive.

There is no explicit definition in the local legislation; however, there is a prevailing market practice as to the concrete questions to be raised in order to conduct the main benefit test.

The tax advantage: is calculated as the difference between the taxes to be paid on the basis of one or more cross-border mechanisms and the same taxes that would be payable in the absence of such mechanism(s).

There is no specific guidance from the Italian tax authorities.

There is no specific guidance from the Italian tax authorities.

There is no specific guidance from the Italian tax authorities.

There are no deviations from the Directive.

There is no specific guidance.

The entire report needs to be exchanged by the intermediary, except if the taxpayer obtained the "by default" reporting obligation.

Following the adoption of Council Directive 2020/ 876, allowing EU Member States to defer the DAC6 reporting deadlines by up to six months, Italy has opted to defer the reporting deadlines as follows:1. February 28, 2021, for “historical arrangements”, i.e. reportable cross-border arrangements the first step of which was implemented between June 25, 2018, and June 30, 2020.2. The start date for the 30 days reporting deadline to begin on January 1, 2021 (originally July 1, 2020).3. Within 30 days of January 1, 2021, for reportable cross-border arrangements made available for implementation, ready for implementation, or where the first step in its implementation is made during the deferral period (July 1 – December 31, 2020).4. April 30, 2021, for the first periodic report on marketable arrangements.

Not stated in proposal decree.

In case of lack of reporting, late reporting, incomplete or inexact reporting, or in case of absence of notification or late notification by the Intermediary(ies) or the taxpayer concerned is exposed to penalties.

In case of omitted communication: maximum 31,500€; in case of incomplete or incorrect communication: maximum 10,500€.

No distinction is made between intermediaries and relevant taxpayers.

'There are no specific penalities for redundant reports under the DAC 6 law.

Yes. In case of omitted communication: maximum 31,500€; in case of incomplete or incorrect communication: maximum 10,500€.

No other disclosure regimes exist.

There are no deviations from the Directive.

The intermediary has the primary obligation to report. There are also on-going obligations on the relevant taxpayer to report. There is nothing requiring the reporting of legally professional privileged information, but an intermediary with legal professional privilege is required to inform any other intermediary, or if none, the relevant taxpayer of the obligation to report.

No.

Professional secrecy.

There is no guidance.

Professional secrecy can apply to intermediaries for example to lawyers.

Professional secrecy is not an obligation.

Nothing in the Italy EU DAC6 Regulations requires a UK intermediary to disclose any privileged information. Subject to this proviso, a UK intermediary must notify any other intermediary, or, if none, the relevant taxpayer, as soon as reasonably practicable of the reporting obligations of a UK intermediary or a UK relevant taxpayer as the case may be, in relation to the reportable cross-border arrangement to which the privileged information relates.

No.