New totalization agreement signed between Italy and Canada

Foreign companies posting their employees to Italy must be compliant with the provisions of the Posted Workers Directive and the Italian law. In order to ascertain that the assignment in Italy matches the law provisions, the Italian Labour Authority must assess: whether the seconding company carries out activities not encompassed within simple personnel management or administration, so they cannot be considered fictitious companies (letter box companies); whether the employee is actually posted, analysing the employment…

Italian employees hired by foreign companies with a local contract must carefully evaluate the social security obligations which vary according to the country where the employee is hired. In such circumstances, a distinction must be made between: EU countries, countries adopting EU legislation via specific agreements with the European Union countries with which Italy has entered into full Totalization Agreements: the employee is required to pay contributions in the host country as per the local…

The social security position in Italy for inbound employees is becoming more important for multinational companies. In fact, the presence of a Totalization Agreement with Italy may risult in keeping the contribution of the employee in the country of origin, with an obligation for the foreign company to pay social security in Italy or minor contributions. In both cases, it is necessary to open a social security position in Italy in the name and on…

The Italian social security authority (INPS) has released some clarifications in relation to the exit of the United Kingdom from the European Union (so-called Brexit). In this regard, INPS specifies that a transition period has been established, from 1 February 2020 to 31 December 2020, during which EU Regulations on social security still apply to the United Kingdom, including Regulation n. 883/2004 and Regulation n. 987/2009. In particular, the interim period until 31 December 2020…

30 ottobre 2017 L’INPS, con la Circolare n. 154 del 25 ottobre 2017, fornisce le istruzioni relative alle modifiche e alle integrazioni all’Accordo bilaterale di sicurezza sociale tra Italia e Canada entrato in vigore lo scorso 1 ottobre, con particolare riferimento a: determinazione e unicità della legislazione applicabile distacco di personale prestazioni pensionistiche accertamenti sanitari finalizzati alla concessione delle prestazioni di invalidità prestazioni familiari per i titolari di pensione prestazioni economiche per tubercolosi Limitatamente ai…

October 17, 2017 The Italian tax authority published yesterday Memorandum no. 25/E regarding the qualification as capital income of distributions received by employees or directors as a result of shareholdings in companies, entities or collective investment vehicles related to shares, quotas or other financial instruments carrying enhanced equity rights (so called “carried interest”) as a result of the new provisions issued by D.L. n. 50 dated April 24, 2017. In particular, the Italian tax authority…

April 3, 2017 The Italian tax authority released a Provision on 31 March 2017, extending the deadline for employees who have transferred their residence to Italy by 31 December 2015 in order to access to the special tax regime provided by Legislative Decree no. 147/2015. The employees may opt until 2 May 2017 for the facilitated measure that provides a 30% reduction of the taxable basis (year 2016) and 50% reduction (year 2017) for the…

January 13, 2017 Legislative Decree n. 253/2016 is now in force. Such law provision rules the entrance and stay conditions for foreign citizens employed as executives, specialized workers and trainees within inter-company transfers, by adding to the Immigration Code article 27-quinquies on the entrance and stay of foreign employees resident outside of Italy and article 27-sexies with reference to employees already present in another EU Country, who are transferred in Italy by their Employer. In…

October 25, 2016 Article 7 of Law Decree no. 193 of 22 October 2016, published in the Official Gazette n. 249 of 24 October 2016, extends the deadline for the voluntary disclosure procedure in order to regularize the undeclared foreign investments and foreign financial assets owned by Italian tax resident individuals. Taxpayers who infringed the tax monitoring obligations under D.L. n. 167 of 28 June 1990 can voluntarily regularize their positions in the period ranging…

September 7, 2016 The Italian Supreme Court, by sentence n. 17646 dated September 6, 2016, clarified that conventional remunerations on employment income are allowed only for tax purposes, denying the application of such remunerations for social security purposes in case employees are assigned to Countries which have signed a Totalization agreement with Italy. Such opinion, which clashes with previous Court’s jurisprudence, confirmed the approach of many multinational companies which have seconded employees outside of Italy…