In a major boost for cross-border business, Italy and China have officially ratified a new tax treaty aimed at eliminating double taxation and curbing tax evasion. Approved by the Italian Chamber of Deputies on November 5, the agreement sets a clearer path for Italian businesses in China and offers Chinese investors a stable regulatory landscape in Italy.
The new Double Taxation Agreement (DTA) between the two Countries was originally signed in Rome, on March 23, 2019, but, following the Italian legislation system, it needed to be reapproved by the new Italian Government that came into power in October 2022. The DTA it’s expected to enter into force at the beginning of 2025 and it will replace the previous one signed in 1986.
Key Benefits of the Treaty
- Reduced Double Taxation: This DTA alleviates tax burdens by reducing overlapping taxes. Italian companies in China and Chinese businesses in Italy can now benefit from streamlined tax obligations, easing financial strain and promoting growth in both markets.
- Stronger Anti-Evasion Measures: The treaty aligns with global anti-evasion standards, enhancing transparency and reducing opportunities for tax avoidance. This encourages a fairer business environment, ensuring companies operate on a level playing field.
- Competitive Edge: Italian businesses gain a more stable footing in China, while Chinese investors enjoy increased legal certainty in Italy, making cross-border investments more attractive and less risky.
Specific Tax Reductions
The table below outlines the specific tax reductions under the China-Italy DTA
Income Type | Standard withholding Tax | Reduced withholding Tax | Notes |
Dividends | 10% | 5% | Shareholders must own at least 25% for 365 days |
10% | For all the other cases | ||
Interests | 10% | 8% | Loans of at least 3 years |
Exempted | Specific government-affiliated institutions | ||
Royalties | 10% | 5% | to payments relating to the use, or right to use, of industrial, commercial or scientific equipment |
10% | on the fees paid for the use or license of a copyright on literary works, including software, motion pictures, movies, television recordings or radio broadcasts, as well as patents, trademarks, designs or models, secret formulas or processes, or information concerning industrial, commercial or scientific experiences | ||
Capital gains | 25% | 25% | It applies only if held with a level of participation above 25% at any time in the 12 months prior to the sale. All capital gains not expressly regulated shall be taxable only in the country of residence of the seller |
This agreement has been well-received as a step forward in Italy-China relations, enhancing mutual investment potential by providing clear tax structures that benefit both countries. By removing significant tax obstacles, Italy and China aim to encourage cross-border operations, boost bilateral trade, and foster stronger economic collaboration.