Stabili organizzazioni: dal 2026 il rendiconto acquista data certa

Among the less high-profile but more practical measures contained in the Omnibus Decree—the fourth corrective decree implementing the tax reform enabling legislation, currently under consideration by the Chamber of Deputies—Article 18 stands out. It applies to all non-resident entities carrying on business activities in Italy through a permanent establishment (PE/branch), regardless of their size or business sector.

Compared with an Italian-law subsidiary, the branch remains a widely used option, as it allows a foreign entity to operate in Italy without establishing a separate legal entity. Precisely because it is not a distinct legal entity, the PE does not prepare its own annual financial statements for approval and filing with the Chamber of Commerce. The only official financial statements remain those of the head office, which are often not sufficiently representative for Italian tax purposes.

To address this limitation, Article 152 of the Italian Income Tax Code (TUIR) requires the branch to prepare a statement of financial position and income for tax purposes only, drawn up in accordance with the accounting principles applicable to a comparable resident entity. Although it does not constitute a set of financial statements in the strict sense, as it is not subject to a formal shareholders’ approval process, it substantially mirrors one and may be prepared in accordance with either IAS/IFRS or Italian accounting standards.

The Omnibus Decree now introduces a twofold compliance requirement in relation to this statement. First, it must be given a legally certain date—by means of a qualified time stamp or equivalent instrument—by the deadline for filing the income tax return for the same tax period, thereby formally fixing its contents. Second, the figures reported in the statement must also be entered in a specific schedule forming part of the tax return, making them directly available to the Italian tax authorities without the need for a separate request.

Nothing changes for the 2025 tax period: the tax returns to be filed in October 2026 will continue to follow the current rules. The new provisions will apply from the 2026 tax period onwards.