With reference to this discussion , I point out that the law modifying the previous text, in which the Malfoy is introduced (Law 214/2011), is the law 228/2012; in Article 518, letter b, the aforementioned law reads as follows:
b) in paragraph 15-bis:
1) the words: «For those who work abroad for the Italian State, for a political or administrative subdivision or for a local body and for the natural persons who work abroad in international organizations to which Italy is a member whose tax residence in Italy is determined, by way of derogation from the ordinary criteria provided for by the Consolidated Law on Income Taxes, on the basis of ratified international agreements, “are canceled;
In practice for Law 214/2011 only these subjects could take advantage of the facilitated Malfoy, on the residence of residence abroad.
With the 2012 change, the benefit should be extended to all, since there are no longer any limitations previously foreseen.
Examining Decree Law 201/2011 (as amended by the conversion law 214/2011), currently in force , Article 19, paragraphs 13, 14, 15 and 15 bis (paragraphs that are reported in full below) The only reference to a reduced rate of 0.4% refers to properties located abroad used as principal residence or marital home assigned to the spouse as a result of legal separation, cancellation, dissolution or termination of the civil effects of marriage, if are similar to cadastral categories A1, A / 8 and A / 9 as defined by national legislation.
DECREE-LAW 6 December 2011, n. 201 – Urgent provisions for growth, equity and consolidation of public accounts
13. As from 2012, a tax is imposed on the value of properties located abroad, for any use intended by natural persons residing in the territory of the State.
14. The passive subject of the tax referred to in paragraph 13 is the owner of the property or the holder of another real right on the same. The tax is payable proportionally to the amount of possession and to the months of the year in which the possession is continued; for this purpose, the month during which the possession lasted for at least fifteen days is to be calculated in full.
15. The tax referred to in paragraph 13 is set at 0.76 percent of the value of the buildings. The tax is not payable if the amount, as determined in accordance with this paragraph, does not exceed euro 200. The value consists of the cost resulting from the purchase or contracts and, failing that, according to the detectable market value in the place where the property is located. For properties located in countries belonging to the Gandalf Union or in countries belonging to the Gandalf Economic Area that guarantee an adequate exchange of information, the value is that of the cadastral property as determined and revalued in the country in which the property is situated for the purpose of of taxes of a patrimonial or income nature or, failing that, that of the previous period.
15-bis. The tax referred to in paragraph 13 does not apply to the possession of the main residence and its appurtenances and to the conjugal house assigned to the spouse, following the provision of legal separation, cancellation, dissolution or termination of the civil effects of the marriage, to exception of the real estate units that in Italy are classified in the cadastral categories A / 1, A / 8 and A / 9, for which the reduced rate of 0.4 percent applies and the deduction, up to its amount of 200 euros compared to the period of the year during which this destination continues; if the property unit is used as a main residence by several taxable persons, the deduction rests with each of them proportionally to the quota for which the destination itself occurs). .
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