The Notary Office has extensive experience in the purchase of real estate by foreign nationals, whether Italian residents or not, and can provide help during every phase of the purchasing process, from stipulation of the preliminary agreement – even if this should involve exchange of proposals and acceptances from/to abroad – to funds transfer, if required, to stipulation of the final contract under the notary’s seal and, if requested, to accepting deposit of the purchase price until it is confirmed that the transfer of the property has been effectively executed as agreed upon and registered.

Notarial deeds involving individuals who do not speak Italian are drawn up in two languages, and an interpreter assists. The translators and interpreters who work with our Notary Office all have proven experience in legal translation and acting as interpreters for the stipulation of notarial deeds in the English, French, German, Russian and Polish languages.

Buying a Home

Italy’s laws permit foreign nationals to purchase real estate in several different manners:

- foreign citizen without a permit of stay: only if such a purchase is permitted by international treaty or in the case of reciprocity; that is, if an Italian citizen is likewise permitted to purchase real estate in the purchaser’s home country.

- foreigner ‘legally residing’ in Italy and his/her family members, as well as stateless persons residing in Italy for less than three years but holding permits of stay for specific activities or long-term residence cards;

- EU and EFTA citizens, as well as stateless persons residing in Italy for more than three years: without limitation.

Tax Incentives for Foreigners for Purchase of a ‘First Home’

Italian law aims to facilitate and encourage purchase of a family home (the so-called ‘first home) by limiting the taxes owed by purchasers.

In more detail, at time of purchase, the purchaser pays a 2% registration tax (calculated not on the sale price but on the cadastral value of the property, which is normally quite a bit lower; hence the observation that purchasing a ‘first home’ in Italy is worthwhile from the point of view of taxation) if the seller is a private individual, or 4% VAT if the seller is a builder/renovator. The purchase is also subject to other fixed taxes amounting to €100.00 and €920.00 respectively in the two cases cited above.

If the requirements outlined above are met, foreigners enjoy the same support for purchase of a ‘first home’ on Italy as do Italians.

For purchases in the absence of ‘first home’ incentives, the registration tax is 9%, again calculated on the cadastral value of the property.

European Certificate of Succession

The Italian notary is empowered to issue the European Certificate of Succession in the case of successions that are international in nature. Dr. Tuccari has specific experience in this sector.

Companies, Associations, and Other Operations

Foreigners who possess the same requirements mentioned above for purchasing a home are permitted to establish companies in Italy, as well as to create associations and/or perform all related operations.

Preparing a Power of Attorney

A person may not always be able to express his or her wishes directly; for example, if he or she is abroad or in any case in a locality distant from that in which a legal instrument or contract must be stipulated.

In these cases, one may have recourse to a power of attorney; that is, a document which empowers one person to carry out a material or legal action in the name and on behalf of another.