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andrea.lovisatti@lovisatti.it
+39 335.123 2640
When Italian businesses need to terminate, scale down, or restructure, effective leadership during transitional periods is crucial. With a proven track record in business reorganization, I offer temporary management services tailored to foreign organizations undergoing significant changes in their Italian operations.
All services are provided in accordance with Italian law and are subject to the professional code of conduct (“deontologia professionale”) governing the profession of Dottori Commercialisti, as established by the Consiglio Nazionale dei Dottori Commercialisti e degli Esperti Contabili.
Temporary Management Services for Business Dissolution and / or transfers outside the territory of Italy
When Italian businesses need to terminate, scale down, or restructure, effective leadership during transitional periods is crucial. With a proven track record in business reorganization, I offer temporary management services tailored to foreign organizations undergoing significant changes in their Italian operations.
All services are provided in accordance with Italian law and are subject to the professional code of conduct (“deontologia professionale”) governing the profession of Dottori Commercialisti, as established by the Consiglio Nazionale dei Dottori Commercialisti e degli Esperti Contabili.
Are you planning to dissolve your Italian business?
You may consider discontinuing your operations in Italy for a number of reasons: insufficient cash generation, ongoing financial losses, strained labor relations, or unfavorable market conditions. Regardless of the cause, winding down an Italian business requires specialized expertise and careful management. Key aspects include:
Ensuring the closure in compliance with Italian corporate and tax laws.
Managing communications with shareholders, employees, auditors, banks, and public authorities
Coordinating operational logistics and the liquidation of assets
Do you want to move your Italian operation to other jurisdictions?
The termination of business operations in Italy is often linked to the relocation of activities to another jurisdiction. This process involves:
• Identifying the tangible and intangible assets—such as brand names, intellectual property, and patents—to be transferred, while addressing the associated transfer pricing, tax, and legal implications
• Coordinating with the receiving entities to ensure a smooth transition and minimize business disruption.
Once operations in Italy have ceased, the formal liquidation process begins. This includes asset distribution and debt settlement by the appointed liquidator, ultimately leading to the company’s deregistration.
Tax consideration when transferring a business to a different jurisdiction
When transferring tangible and intangible assets (such as intellectual property, patents, trademarks, or proprietary technology) to another jurisdiction, several tax considerations arise:
.Transfer Pricing: Italy applies the arm’s-length principle, requiring intercompany transactions to reflect market value. Comprehensive documentation of valuation and pricing is essential for compliance.
.Capital Gains Tax: Italy taxes profits from the sale of intangibles, while the receiving jurisdiction may or may not allow for deduction or amortization of the same assets.
.VAT: Value Added Tax may apply depending on whether the transfer is classified as a sale of goods or services.
.Tax Treaties: Bilateral agreements may reduce or eliminate withholding taxes and help avoid double taxation but could also introduce restrictions. Additionally, transferring intangibles may trigger permanent establishment (PE) risks, leading to further tax exposure.
