New rules on tax residence of individuals

The Legislative Decree no. 209 of 27 th December 2023 provides for certain amendments to the criteria of tax residence in Italy in art. 2 of the TUIR.

In particular, as of 2024, individuals shall be considered as tax resident in Italy if, for the greater part of the fiscal year, including fractions of a day, alternatively:

  • Have their domicile in Italy, being the place where the individuals’ personal and family relations are
    primarily located;
  • Have their residence in Italy, being the habitual abode;
  • Are physically present in Italy.
TAX RESIDENCE FOR INDIVIDUALS 
Previous rulesNew rules
An individual is considered to be resident in Italy if he/she:
– Is registered in the relevant local registry or
– Has his/her domicile in Italy as defined in the Italian civil code or
– Has his/her residence in Italy, as defined in the Italian civil code, For the greater part of the year
An individual is considered to be resident in Italy if he/she:
– Is physically present in Italy or
– Has his/her domicile in Italy as defined where the family and personal relationships are located or
– Has his/her residence in Italy, as defined in the Italian civil code, For the greater part of the year