Italy clarifies key transfer pricing tenants

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Italy clarifies key transfer pricing tenants

italy-flag.jpg

Italy’s tax authority clarified a number of transfer pricing regulations at the nation’s annual tax conference, Telefisco. Salvatore Mattia and Federico Vincenti from Crowe Valente explore the key changes surrounding penalty protections and discrepancies in tax filings.

During Telefisco 2019, Italy’s annual tax conference, Italy’s tax authority clarified several transfer pricing (TP) tenants. Notably, the most important include:

a) Clarification regarding when penalty protection may be applied to TP documentation; and

b) The inapplicability of penalties for filing discrepant tax returns in the TP area.

Penalty protection

In accordance with Article 1, Paragraph 6, and Article 2, Paragraph 4 of Legislative Decree No. 471/1997, if a taxpayer provides the authorities with adequate documentation that shows TP policy was applied appropriately within intercompany transactions, penalties for administrative violations related to tax return discrepancies may not apply (i.e. “penalty protection”).

However, taxpayers who benefit from this exemption are required to provide all the necessary documentation to allow the tax authority to carry out a complete analysis on the TP policy applied on the intercompany transactions (“suitability” of TP documentation).

Any difference between the TP methods and the selection of comparable transactions/companies which have been chosen by the taxpayer within the TP documentation during the tax audit is not considered relevant in assessing the suitability of TP documentation.

Furthermore, compliance with the applicable regulation does not imply the suitability of such documentation.

Therefore, it is important that the documents provided by the taxpayer to the tax auditors facilitate in understanding the TP policy applied and its compliance with the arm’s-length principle.

Discrepancies in tax returns

Italian tax authorities have further clarified that tax returns filed with discrepancies in the TP area are not liable for penalty. However, in the case of TP adjustments, fraudulent declarations may be applied as a penalty instead.

In accordance with Article 4 of Legislative Decree No. 74/2000, which was amended by Legislative Decree No. 158/2015, a tax return discrepancy offence occurs when a taxpayer discloses an income that is smaller than the actual amount, or non-existent liabilities under the following joint circumstances:

  • The total evaded tax is higher than EUR 150,000 ($170,000); and

  • The total amount of non-disclosed income/profit, also through non-existent loss elements, is higher than 10% of the total amount filed in the tax return, or higher than EUR 3 million.

The novelty relies on the fact that the new provision replaces the expression “fictitious loss elements” with “non-existent loss elements”.

Consequently, as confirmed by Italy’s tax authority, TP adjustments may not be considered a tax offence in light of their estimated values.

Salvatore Mattia

Salvatore Mattia

 

Federico Vincenti

Federico Vincenti

This article was written by Salvatore Mattia and Federico Vincenti of Valente Associati GEB Partners/ Crowe Valente.

more across site & shared bottom lb ros

More from across our site

The new office on the fourth floor of 4 More London will span 14,230 square feet, with the potential to expand to the first and second floors
MNEs now face a shift from modelling to execution as the side‑by‑side deal forces tax teams to upgrade systems, harmonise data, and prevent costly pillar two mismatches
As recent surveys suggest a disconnect between AI adoption and employee engagement, the big four risk digging themselves into a strategic hole
Almost three-quarters of surveyed tax professionals are concerned about inaccurate AI outputs; in other news, Dentons hired a partner from CMS to lead its Belgian tax team
Long-running, high-value and complex enquiries are a significant reason for HM Revenue and Customs’s increased TP yield, experts suggest
Landmark legal updates in India have led companies to prioritise specialised tax advisers over accountants, ITR has found
Brazil’s shift to a nationwide consumption tax is more than conceptual; it fundamentally transforms municipal revenue, enforcement, and administrative disputes
While some advisers praised the ruling’s definition of a ‘voucher’ for VAT purposes, a UK partner said the case left unanswered questions
While pillar two has been enacted on paper in Brazil, companies are encountering a range of practical compliance issues, ITR has heard
Moore, founding partner of the Chicago tax boutique which bears her name, shares her career wisdom for ITR’s new Women in Tax interview series
Gift this article