Italy | Flat withholding tax rate introduced for short-term lets

An ad hoc set of rules for short-term rentals involving on-line intermediaries.

Intermediaries involved in both the formation of short-term rental contracts and paying rentals will be required to make a 21% withholding from rental payments they make. The Law Decree 50/2017 published in the Italian Official Gazette sets out the rules applicable to contracts entered into from 1 June 2017, for residential leases for periods not exceeding 30 days, including those  where additional services  cleaning and linen are also provided. The rules only apply to contracts entered into outside the scope of a business. It is worth noting, however, that if the additional services rendered have a value greater than the lease itself then the contract is not subject to these rules.

Those acting as intermediaries, including online agents, which put the parties to the rental in contact, must send the Tax Authority all the information regarding the contracts. If they fail to provide the required information or provide incorrect information, a fine of €250 – €2,000 is levied, which is reduced by half if it is paid within 15 days. The deadline for submission of required data will be determined by a subsequent Decree by the Tax Authority.

The intermediaries, if they also take part in the payment of rents, must also apply a 21% withholding at the receipt of the fee. The withholding must be paid to the Tax Authority using a specific form (F24) before the 16th of the following month.

The implementing provisions for this law decree will be issued by the Tax Authority within 90 days of the publication of the decree in the Italian Official Gazette. Finally, it is envisaged that the Tax Authority will conclude agreements with the online brokers that arrange lease contracts, in order to monitor them.