Tremonti Romagnoli Piccardi e Associati, with its team composed of partners Cristiano Caumont Caimi and Antonio Vitali, associate partner Anna Maria Gulino and associate Marta Carboni, assisted an international insurance group, operating in Italy under the freedom to provide services regime, in relation to the enhanced cooperation and collaboration procedure provided for by Article 1-bis, Legislative Decree no. 50 of 24 April 2017, concerning permanent establishments.

At the end of a complex and constructive discussion, the procedure concluded, within the terms of the law, in a final document within which the Italian Revenue Agency – having examined the actual methods of distribution of the insurance policies in Italy – excluded the existence in the territory of the State of a permanent establishment of the Company, both in the agency and physical forms (as well as for VAT purposes).

The issue is particularly relevant, not only because it represents one of the rare cases of activation of the enhanced cooperation procedure in question, but also because it concerns a very topical case in terms of the tax authorities’ current assessment trends.