The new Italian provisions on the fiscal residence of foreign companies – the legislator's haste and Tax Authorities' ‘distractions’

Article 35(13) and (14) of Law Decree no. 223/06 of 4 July 2006 have amended Art. 73 of TUIR (Italian Tax Code), adding paragraphs 5-bis and 5-ter. According to the new para. 5-bis of Art. 73 of TUIR, unless evidence is given to the contrary, the place of management of companies and entities holding controlling interests, pursuant to Art. 2359(1) of the Italian Civil Code, in the subjects of letters a) and b) para.1 shall be deemed to be in Italy, where either of the following conditions are satisfied:

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