The Regional Tax Commission of Puglia (CGT II grado, Sez. 26, Sentenza n. 1045/2026, March 2026) ruled that a trust endowment deed (atto di dotazione) transferring real estate into a trust qualifies for the fixed registration tax (imposta fissa di registro) of €200, rather than the proportional rate based on property value. The decision interprets Article 57 of the Registration Tax Decree (D.P.R. 131/1986) in light of the trust’s legal nature as a segregation of assets for a specific purpose, not a transfer of ownership for consideration. The Court held that the trust’s constitutive act and the endowment deed are part of a single transaction aimed at asset protection, not a taxable conveyance. This ruling provides certainty for estate planning using trusts with Italian real estate assets.
Key Takeaways
- Fixed Tax Application: The €200 fixed registration tax applies to the endowment deed regardless of the real estate’s market value, yielding significant savings compared to the 9% proportional rate (or 2% for first homes).
- Trust Structure Requirements: The trust must be validly constituted under applicable law (e.g., Hague Convention or foreign law recognized in Italy) and the endowment must be irrevocable and for a determinate purpose. Sham trusts will be recharacterized.
- Interaction with Other Taxes: While registration tax is fixed, mortgage and cadastral taxes (imposte ipotecaria e catastale) at 1% each still apply on the property value. VAT is not triggered as the transfer is not for consideration.
Disclaimer: This article is compiled and summarized by the AI based on publicly available information and is for general information purposes only. It does not constitute any form of formal tax advice, legal opinion, or basis for performance. Please consult a qualified professional tax advisor or legal counsel for tax advice.
Source: Read Official Announcement